Federal Circuit Summary

FEDERAL CIRCUIT SUMMARIES – JUNE 2019

Contributors: Knobbe Martens Federal Circuit Affirms Exceptionality Based On Inadequate Pre-Suit Investigation of Infringement In Thermolife International LLC v. GNC Corporation, Appeal Nos. 2018-1657, 2018-1666, the Federal Circuit determined that... read more →

June 29, 2019
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Federal Circuit Summary, News, Patent, Trademark

Federal Circuit Summaries – April 2019

Contributors: Knobbe Martens Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching In Personal Web Technologies, LLC v. Apple, Inc., Appeal... read more →

FEDERAL CIRCUIT SUMMARIES – March 2019

Contributors: Knobbe Martens Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal... read more →

FEDERAL CIRCUIT SUMMARIES – February | March 2019

Contributors: Knobbe Martens PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard... read more →

March 10, 2019
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Federal Circuit Summary, News, Patent, Trademark

FEDERAL CIRCUIT SUMMARIES – January 2019

Contributors: Knobbe Martens A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent In Novartis Pharmaceuticals Corp. v.... read more →

Federal Circuit Summaries – October 2018

Disavowal of the Full Scope of a Claim Term Requires the Patentee to Demonstrate an Intent to Deviate from the Ordinary and Accustomed Meaning of the Claim Term In Intellectual... read more →

Federal Circuit Summaries – August 2018

The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the... read more →

Federal Circuit Summaries – July 2018

Claims Without the Term “Means” Are Presumed to Not Be Means-Plus-Function Claims, However the Presumption Is Rebuttable In Zeroclick, LLC v. Apple Inc., Appeal No. 2017-1267, the Federal Circuit held... read more →

Federal Circuit Summaries – June 2018

A Plaintiff Requesting Disgorgement of Profits as a Remedy for Trade Secret Misappropriation does not have a 7th Amendment Right to a Jury Based Solely on the Request for Disgorgement... read more →

Federal Circuit Summaries – May 2018

USPTO Has Standing to Defend Appeal From Inter Partes Reexamination In Knowles Electronics LLC V. IANCU, Appeal No. 1954, the Federal Circuit determined that the USPTO has standing to intervene... read more →