Tag: Federal Circuit
Federal Circuit to Judge Albright: You Get An F
In yet another mandamus order directed to the Western District of Texas, the Federal Circuit has once again explained to Judge Albright that his analysis of transfer motions is incorrect and ordered h...
Federal Circuit Nominee: Judges Should Judge The Cases They Have, Not Seek Cases They Want To Judge
Tiffany Cunningham, President Biden’s nominee to the Federal Circuit—the first nominee to that court in six years—is incredibly well qualified to join the bench of the court she once clerked for...
Trouble In Plaintiff’s Paradise?
There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glo...
Federal Circuit Holds That PTAB Should Consider § 101 When Reviewing Proposed Amended Claims
In today’s Uniloc v. Hulu decision, the Federal Circuit held that the PTAB is permitted to consider all issues of patentability, including § 101 (and presumably including § 112), when a patent own...
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 t...
Federal Circuit: Server Is Not A Regular And Established Place Of Business
Today, the Federal Circuit granted a writ of mandamus, ordering the Eastern District of Texas to dismiss or transfer a case for lack of venue. This order is the latest in a series of Federal Circuit...
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 ...
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 ...
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 brie...