Tag Archive for Federal Circuit

New Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process

In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias towards institution.  Specifically, New Vision Gaming claims that PTAB judges stand to benefit from institution and therefore it’s a violation of…

Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It

Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex.  But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not.  It explains, in detail, just…

Why Was Oracle v. Google in the Federal Circuit?

Last week, the Supreme Court granted certiorari in Google v. Oracle, preparing to review the Federal Circuit’s decision that application programming interfaces (APIs) are copyrightable and that the replication of an API to implement compatibility is not a fair use.  There are numerous legal flaws with the Federal Circuit’s decisions, flaws addressed at length in…

The Federal Circuit On The Public Notice Function Of Patents

On Wednesday, the Federal Circuit issued its decision in Amgen, Inc. v. Sandoz, Inc.  The decision—mostly focused on the specifics of certain biosimilar production claims—also includes a brief discussion that illustrates one of the reasons that many of the patents issued by the USPTO create a chilling effect on public innovation.

The Federal Circuit Goes Through The Looking Glass

The process of claim construction—interpreting the meaning of the words used in a patent claim—can be confusing at the best of times.  At its worst, as in the Federal Circuit’s Dupont v. Unifrax decision this week, it most closely resembles an exchange from Lewis Carroll’s “Through the Looking Glass.”

A New § 101 Trio Shows That We Don’t Need § 101 Legislation

The Bilski, Alice, Mayo, and Myriad cases are sometimes referred to as a § 101 quartet because they set forth the Supreme Court’s test for patentable subject matter under § 101.  Over the past few weeks, we’ve seen a new trio of § 101 cases emerge from Federal Circuit panels—Berkheimer, Aatrix, and Automated Tracking. The…

All My Excess (Venue) Leaving Texas

Yesterday afternoon, the Federal Circuit overturned the Eastern District of Texas’s test for venue.  Even after TC Heartland, patent trolls were trying to keep defendants in the Eastern District of Texas.  And in the first order issued by Judge Gilstrap, in a case called Raytheon v. Cray, it seemed like he was going to cooperate.…