Tag: Federal Circuit
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. Un...
CAFC Determines No Requirement To Reopen Non-Instituted Claims Post-SAS
While the Supreme Court continues to consider WesternGeco, that’s not the only oil services patent case to read up on.[1. In fact, it’s been a heavy oil term at the Court—Oil States was also abo...
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 fe...
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...
It’s The Claim Language—Except When It Isn’t
Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory[1. Unsurprisingly, Visual Memory is an NPE that did not itself come up with this pate...
It’s The End Of The Podcast Patent And We Know It
In eagerly awaited news, the Federal Circuit affirmed the Patent Trial and Appeals Board (PTAB) determination that Personal Audio’s U.S. Pat. No. 8,112,504 is invalid based on an inter partes review...
ContentGuard: Arguendo
Today, we watched as a man stood in front of a panel and explained how the other side had behaved improperly and how the decisions they made were incorrect and contrary to applicable legal standards.
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ContentGuard: Validity and Privilege
Monday I summarized the history of the ContentGuard cases, and yesterday I described the process of claim interpretation. Today, we’ll turn to an issue that we’ve focused on recently, patent val...
ContentGuard: Defining A Patent Case
Yesterday, I went through the history of the ContentGuard v. Apple and ContentGuard v. Google cases. I talked briefly about the Markman process; today, I’d like to go into more detail on what Mark...