CAFC

12 Mar: Chrimar Asks Supreme Court to Decide Whether PTAB Can Reverse Final Article III Judgments

Earlier this week, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to take up a case on appeal from the U.S. Court of Appeals for the Federal Circuit. Chrimar is asking the nation’s highest court to answer the questi…

01 Mar: Google Wins Mandamus at Federal Circuit in EDTX Venue Dispute

The Court believed the time was now appropriate to address this issue through a writ of mandamus noting that several similar cases had now been heard in various district courts with conflicting results. The Court identified two issues that should be ad…

29 Feb: CAFC Orders Settlement Agreement Enforced, Tosses Summary Judgment of Non-Infringement

The Federal Circuit recently issued an opinion vacating the district court’s grant of summary judgment motions of non-infringement and remanding with instructions to enforce a settlement agreement between Serta Simmons Bedding, LLC and Dreamwell, Ltd. …

18 Feb: Earth to Google: Here’s Why APIs Need to be Copyrightable

On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The suit pits the search engine platform controlling 93% of the worldwide search market aga…

30 Jan: PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal Board (PTAB) to apply the Supreme Court’s decision in SAS Institute Inc….

29 Jan: Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and Senator Chris Coons (D-DE), efforts to reform America’s patent system for the better have…

21 Jan: CAFC Affirms District Court Judgment on Coffee Cartridge Patents

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming the District Court’s judgment of invalidity as to the asserted claims of U.S. Patent No. 8,720,320 (the ‘320 patent) and the award of attor…

20 Jan: Reflections on Denial of Cert in Athena Diagnostics

I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’s Petition for Certiorari. I was shocked. We feel the same when as a child we discover there is no …

19 Jan: Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that battle may finally be nearing its conclusion. On January 7, the first of…