Federal Circuit Denies Dismissal Request After Issuing Opinion in Cisco v. K.Mizra

Cisco Sys., Inc. v. K.Mizra LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified what happens when parties try to dismiss an appeal after the court has already issued its opinion. The case involved Cisco…

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Who Really “Uses” a Cloud-Based POS System? Federal Circuit Clarifies Direct Infringement in CloudofChange v. NCR

Cloudofchange, LLC v. NCR Corp Authored by: Jeremy J. Gustrowsky In a significant decision for technology providers, the Federal Circuit reversed a $13.2 million jury verdict against NCR Corporation, clarifying who can be held liable for patent infringement when a…

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Patent Claims for Action Cameras Survive Eligibility Challenge in Contour v. GoPro

Contour IP Holding LLC v. GoPro, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for technology innovators, the Federal Circuit reversed a lower court’s ruling that had invalidated Contour IP Holding LLC’s patents covering point-of-view (POV) action cameras,…

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False “Patented” Claims Can Violate the Lanham Act, Says Federal Circuit in Crocs v. Effervescent

Crocs, Inc. v. Effervescent, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that companies can be held liable under the Lanham Act for falsely advertising their products as “patented” when those claims mislead consumers…

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Federal Circuit Clarifies When Inherency Makes Patent Claims Obvious in Cytiva v. JSR

Cytiva BioProcess R&D AB v. JSR Corp Authored by: Jeremy J. Gustrowsky In a significant decision for biotechnology patents, the Federal Circuit recently addressed the concept of inherency in obviousness determinations in Cytiva BioProcess R&D AB v. JSR Corp. The…

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Patent Claims for “Merchants” Limited to Goods, Not Services, in DDR Holdings v. Priceline.com

DDR Holdings, LLC v. Priceline.com LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified how patent claims are interpreted when the language changes between a provisional application and the final patent. The case, DDR Holdings,…

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Federal Circuit Affirms No Infringement in Oracea® Generic Patent Dispute

Galderma Labs., L.P. v. Lupin Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Lupin Inc.’s proposed generic version of Oracea® does not infringe Galderma Laboratories’ patents covering the branded drug. Oracea® is a…

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Patent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason

Honeywell Int’l Inc. v. 3G Licensing, S.A. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) finding that claims of U.S. Patent No. 7,319,718 were not obvious. The patent,…

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Apple’s Bid to Move Texas Patent Case to California Denied by Appeals Court

In re Apple Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit denied Apple Inc.’s request to move a patent infringement lawsuit from the Western District of Texas to the Northern District of California. The case,…

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Koss’s Wireless Earphone Patents Knocked Out: Final Court Ruling Ends Dispute with Bose

Koss Corp. v. Bose Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed the appeals in the ongoing patent dispute between Koss Corporation and Bose Corporation over wireless earphone technology. Koss, the owner of U.S.…

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Published Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public

Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…

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Patent Claims for Background Check Software Found Ineligible

Miller Mendel, Inc. v. City of Anna Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that certain patent claims covering a software system for managing pre-employment background checks are not eligible for patent protection. Miller…

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