The Federal Circuit held that a forum selection clause in a non-disclosure agreement requiring disputes to be litigated in New York courts does not preclude the counterparty from filing inter partes review petitions at the PTAB, because the connection between the IPR and the NDA was too attenuated.
The Federal Circuit reversed a district court’s patent ineligibility ruling, holding that claims directed to a specific two-channel mobile authentication method that improves cybersecurity represent a concrete technical solution eligible for patent protection.
The Federal Circuit reversed a design patent rejection, holding that prior art can only anticipate a design patent claim if the prior art reference discloses a design applied to the same article of manufacture identified in the claim — a design for an art tool cannot anticipate a design for a lip im
The Federal Circuit held that the USPTO acted arbitrarily by ordering ex parte reexamination based on arguments substantially identical to those the same requester had already raised and lost in IPR proceedings, affirming the agency’s discretion to reject repetitive patent challenges.
The Federal Circuit clarified that willful patent infringement requires only deliberate or intentional infringement — no heightened standard applies — and reinstated a doubled damages award against Cisco for its litigation conduct and disdain toward the patent holder.
The Federal Circuit held that a corporate officer can be personally liable for actively participating in a corporation’s patent infringement even without any piercing of the corporate veil, and clarified that the patent marking statute limits pre-notice damages regardless of whether the infrin
The Federal Circuit affirmed that a patent is unenforceable for inequitable conduct when a company’s chief science officer withheld from the USPTO material information about a competitor’s epinephrine product that he disclosed to the FDA during the same period.
The Federal Circuit affirmed the exclusion of a patent owner’s damages expert, holding that the expert’s reasonable royalty calculation failed to adequately apportion the royalty base to account only for the patented features, rather than the full value of the accused products.
The Federal Circuit held that four patents covering methods for coordinating multi-factor authentication across secure registries, PINs, biometrics, and universal devices are directed to abstract ideas and lack an inventive concept sufficient to confer patent eligibility.
The Federal Circuit reversed a $1.2 billion jury verdict for Juno, holding that patent claims covering a broad functional genus of CAR-T cell receptor constructs lacked adequate written description because the specification disclosed only a few examples that could not support the full claimed scope.