Appeals, precedential opinions and what they change downstream.
179 articles · page 9 of 15
CASE OF THE WEEK EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the Court agreed…
Written by : Melis Tirhi & Brandon G. Smith CONTOUR IP HOLDING LLC v. GOPRO, INC. Before Reyna , Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C.…
Written by : Jacob J. Golan, Ph.D. & Douglas B. Wentzel BROADBAND ITV, INC. v. AMAZON.COM, INC. Before Dyk, Reyna , and Stark. Appeal from the United States District Court for the Western District of Texas. Summary : When assessing patent eligibility under…
Written by : S ophia Zahn & Douglas B. Wentzel OSSEO IMAGING, LLC v. PLANMECA USA INC. Before Dyk, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : An expert witness can testify from the…
Written by : Brianne M. Kingery & Michael L. Fuller On August 13, 2024, the Federal Circuit issued its decision in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, [1] which limits the scope of obviousness-type double patenting for patents…
Written by : Harper L. Beasley and Daniel Kiang WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC Before Prost , Taranto, and Chen. Appeal from the United States District Court for the Western District of Wisconsin. Summary : Literal infringement and…
Written by : Aaron R. Lazarecky & Karen Cassidy Selvaggio PLATINUM OPTICS TECHNOLOGY INC., v. VIAVI SOLUTIONS INC. Before Moore . Appeal from the Patent Trial and Appeal Board. Summary : Standing based on potential infringement liability requires concrete…
Written by : Brandon G. Smith & Juliana H. Kirby CELANESE INTERNATIONAL CORPORATION v. ITC Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C.…
Written by : Daniel P. Hughes & Jordan A. DeOrio MOBILE ACUITY LTD. v. BLIPPAR LTD . Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite…
Written by : Daniel P. Hughes & Savannah J. Torborg BUREAU NATIONAL INTERPROFESSIONNEL DU COGNAC v. COLOGNE & COGNAC ENTERTAINMENT Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of…
Written by: Andrew R. Huntsinger & Jeremy Anapol MILLER MENDEL, INC. V. CITY OF ANNA, TEXAS Before Moore, Stoll, and Cunningham . Appeal from the United States District Court for the Eastern District of Texas. Summary : No live controversy existed over…
CASE OF THE WEEK Backertop Licensing LLC v. Canary Connect, Inc. , Appeal Nos. 2023-2367, -2368, 2024-1016, -1017 (Fed. Cir. July 16, 2024) Our case of the week focuses on the inherent power of the district courts to investigate fraud and misconduct. The…
