Federal Case Summaries
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Federal Circuit
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Ancora Technologies, Inc. v. HTC America, Inc. — Federal Circuit Holds BIOS-Based Software License Verification Patent Is Eligible Under § 101

The Federal Circuit reversed a district court’s dismissal and held that a patent claiming a method of preventing computers from running unlicensed software by using the BIOS to store a license verification key is not an abstract idea—it claims a concrete improvement to computer security functionalit

Federal Circuit
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Converse v. ITC — Federal Circuit Holds Trademark Registration Presumption of Secondary Meaning Applies Prospectively Only

The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use

Federal Circuit
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Interval Licensing v. AOL — Federal Circuit Invalidates “Attention Manager” Display Patent as Claiming a Desired Result Without a Technical Solution

The Federal Circuit held that a patent covering an “attention manager” that displays content in unused screen space is ineligible under § 101, because it claims a desired outcome — non-interfering display of two information sets — without specifying any technical means of achieving it.

U.S. Supreme Court
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Oil States Energy Services v. Greene’s Energy Group — Supreme Court Upholds Constitutionality of Inter Partes Review

The Supreme Court held 7-2 that inter partes review does not violate Article III or the Seventh Amendment — because patents are public franchises granted by the government, which may reclaim or modify them through an executive agency proceeding without a jury trial, upholding the America Invents Act

Federal Circuit
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Vanda Pharmaceuticals v. West-Ward Pharmaceuticals — Federal Circuit Upholds Patent Eligibility of Personalized Medicine Claims

The Federal Circuit held that method-of-treatment claims directed to a specific dosing regimen for schizophrenia based on a patient’s genetic profile are patent eligible under §101, distinguishing the Supreme Court’s Mayo decision and reinforcing the eligibility of personalized medicine patents.

Federal Circuit
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DSS Technology Management v. Apple — Federal Circuit Limits PTAB’s Use of “Common Sense” to Supply Missing Claim Limitations in Obviousness Challenges

The Federal Circuit reversed a PTAB obviousness ruling against a wireless networking patent, holding that “common sense” cannot substitute for real evidentiary support when a prior art reference is missing a claimed limitation, particularly for complex technology.

Federal Circuit
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SimpleAir v. Google — Federal Circuit Holds Terminal Disclaimer Alone Does Not Establish Claim Preclusion for Continuation Patents

The Federal Circuit vacated a claim preclusion ruling against SimpleAir, holding that filing a terminal disclaimer in a continuation patent does not create a presumption that the continuation’s claims are patentably indistinct from the parent, and courts must compare actual claim scope before findin

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