Patent Alert: Federal Circuit provides insight on claim disavowal and rules...
On Wed., Feb. 1, 2012, in Thorner v. Sony Computer, No. 2011-1114, the Federal Circuit (Rader, Moore and Aiken) reversed a claim construction because the district court improperly used the...
View ArticlePatent Alert: Federal Circuit explains broader scope of appealable ITC issues...
UPDATE: On July 6, 2012, a panel rehearing was granted in this case that modified the decision by withdrawing all of Section III concerning what constitutes a Commission determination subject to...
View ArticlePatent Alert: Federal Circuit construes non-claim term used in claim...
Today, Tue., April 3, 2012, in Advanced Fiber v. J&L, No. 2011-1243, the Federal Circuit (Lourie, Dyk (dissenting) and Prost) applied general claim construction principles to construe the term...
View ArticlePatent Alert: Federal Circuit to revisit standard of review for district...
On March 15, 2013, in Lighting Ballast Control LLC v. Philips Electronics North America Corp., No. 2012-1014, the Federal Circuit granted Lighting Ballast’s petition for rehearing en banc to decide the...
View ArticlePatent Case Alert: Divided en banc Federal Circuit maintains Cybor de novo...
Today, in an en banc decision in Lighting Ballast Control LLC v. Philips Electronics, No. 2012-1014, a divided Federal Circuit maintained the Cybor de novo appellate review of claim construction...
View ArticlePatent Case: Supreme Court to review appellate standard for reviewing...
Today, in Teva Pharmaceuticals v. Sandoz, Inc., the U.S. Supreme Court granted the petition seeking review of the Federal Circuit’s de novo standard of review of a district court’s claim construction...
View ArticleSupreme Court applies “clear error” review to claim construction (Teva v....
Earlier this week, in Teva v. Sandoz, the U.S. Supreme Court ruled that the “factual underpinnings” of a district court’s claim construction decision must be reviewed by the Federal Circuit under the...
View ArticleRevised version of Senate patent reform bill released
On Tuesday, a proposed Manager’s Amendment was released for the Senate’s pending PATENT Act bill. Following is a recap of the recent wave of patent legislation proposals this year. Innovation Act....
View ArticleSenate Judiciary Committee approves PATENT Act
Yesterday, we reported on the manager’s amendments to the Protecting American Talent and Entrepreneurship Act, or “PATENT Act,” a bi-partisan patent reform bill introduced by Senator Leahy and several...
View ArticleFederal Circuit en banc decision limits appellate review to trial court...
Today, the Federal Circuit issued a decision en banc that reversed a three-judge panel decision because it erroneously had relied on evidence outside of the record from the trial court below to change...
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