The Federal Circuit affirmed PTAB’s decision to disregard Parus Holdings’ evidence in IPR proceedings, holding that a patent owner’s attempt to incorporate arguments by reference through voluminous exhibits violates PTAB procedural rules and the APA does not require the Board to ov
The Federal Circuit affirmed that a nonparty who shared key design elements for an expandable hose with the named inventor at a pre-filing meeting was a co-inventor who should have been listed on the patents, and that his testimony was adequately corroborated by physical prototypes and documentary e
The Supreme Court held that when a defendant uses an allegedly parodic mark as a source identifier — as an actual trademark — the Rogers test for expressive works does not apply, and the ordinary likelihood-of-confusion analysis governs, with parody as a relevant but not dispositive factor.
The Federal Circuit reversed the PTAB’s reliance on commercial success as a secondary consideration of nonobviousness for car floor mat patents, holding that evidence of commercial success must be linked to the claimed combination as a whole, not to a single feature that was already present in
The Supreme Court held 7-2 that the Andy Warhol Foundation’s commercial licensing of Warhol’s silkscreen portrait of Prince — based on a photograph by Lynn Goldsmith — was not fair use, because the commercial licensing purpose closely tracked the photographer’s own licensing market
The Federal Circuit reversed the PTAB’s obviousness ruling on a drug delivery device patent, holding that the Board misapplied the analogous art test by comparing a prior art reference to another prior art reference rather than to the challenged patent—an IPR petitioner bears the burden of sho
The Federal Circuit reversed a district court’s addition of a joint inventor to a bacon-precooking patent, holding that contributing a preheating concept—when that concept was already known and not the novel element of the claimed invention—is an ‘insignificant’ contribution that d
The Federal Circuit affirmed an ITC exclusion order against FS.com’s imported fiber optic equipment, holding that Corning’s high-density fiber optic patents were enabled and that the asserted claims were infringed.
The Federal Circuit affirmed invalidity of UCB’s transdermal rotigotine patch patent, holding that prior art ranges overlapping with claimed ranges create a presumption of obviousness that the patentee must rebut by showing criticality or unexpected results.
The Federal Circuit affirmed that patents claiming a method for distributing digital promotional content—loading branding images when a user’s GPS location matches a specified geographic area—are directed to the abstract idea of providing information based on meeting a condition, and contain n