BAYER PHARMA AG, v. WATSON LABS, INC.: Nov. 1, 2017. Before Lourie, Moore, and O’Malley Takeaway: The CAFC will reverse a finding of non-obviousness where key references are missing from a district court’s opinion and mere concerns over effectiveness do not rise to the level of teaching awa
MASTERMINE SOFTWARE, INC. v. MICROSOFT CORP.: Oct. 30, 2017. Before Newman, O’Malley, Stoll. Takeaway: System claims containing functional language are not indefinite for covering both an apparatus and a method if the claims merely use permissible functional language to describe the capabiliti
AIA AMERICA v. AVID RADIOPHARMACEUTICALS: August 10, 2017. Before Newman, Lourie, and Hughes. Takeaway: The Seventh Amendment right to a jury trial does not apply to requests for attorney’s fees under § 285 of the Patent Act. The district court did not err by making factual findings not f
IN RE: NORTH CAROLINA LOTTERY: August 10, 2017. Before Prost, Chen and Hughes. Takeaway: As a legal matter, the TTAB did not err by considering the explanatory text of the specimens in the inquiry of whether the mark was descriptive. A mark that merely describes a feature of goods and serv
Millennium Pharmaceuticals v. Sandoz Inc., No. 2015-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762 (Fed. Cir. July 17, 2017). Before Circuit Judges Newman, Mayer and O’Malley. Takeaway: An invention, albeit the inherent result of a well-known process, is not itse
PRESTON V. NAGEL: Jun. 1, 2017. Before Dyk, Taranto, and Hughes. Takeaways: The CAFC is barred under 28 U.S.C. § 1447(d) from reviewing the district court’s decision to remand because the remand was based on a lack of subject matter jurisdiction. The CAFC found that while hearing state-law and pa
The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, Jun. 27, 2017, Before O’Malley, Reyna, and Chen. Takeaway: The Federal Circuit declined to reconsider its decision in Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed.
IPCOM GMBH & CO. v. HTC CORPORATION: July 7, 2017. Before Prost, Clevenger, Chen. Takeaway: Pre-AIA §112 ¶ 6 (means-plus-function) claim construction analysis requires that the Board not only identify the particular claimed function, but also identify the corresponding structure, material, or
Authored by Paul Qualey, Zaed Billah, and Kulsoom Hasan Case Name/Info: IN RE DRIVEN INNOVATIONS: Jan. 4, 2017. Before Lourie, Mayer, and O’Malley. (nonprecedential) Takeaway: A mark is suggestive if it requires imagination, thought and perception to reach a conclusion as to the nature of the good
1
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
Welcome cafcblog.com - BlueHost.com
