Federal Circuit IP Digest
Secret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit
August 12, 2024
Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…
Read MoreCognac vs. Cologne: When Spirits and Hip-Hop Collide in Trademark Law
August 6, 2024
Bureau Nat’l Interprofessionnel DU Cognac v. Cologne Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a unique trademark dispute between the French organizations responsible for protecting the COGNAC certification mark and a hip-hop record label…
Read MoreVoice Commands for Remote Computer Control Deemed Obvious in Patent Challenge
August 1, 2024
Voice Tech. Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patentability for technology that allows users to control computers remotely using voice commands from a mobile device. The patent…
Read MorePrivate Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art
July 31, 2024
Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…
Read MorePatent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…
Read MoreA Win for Patent Procedure: Federal Circuit Clarifies How Patent Owners Can Fix Motion to Amend Errors
July 23, 2024
ZyXEL Commc’ns Corp. v. UNM Rainforest Innovations Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent owners can correct mistakes in motions to amend during inter partes review (IPR) proceedings. The…
Read MoreKoss’s Wireless Earphone Patents Knocked Out: Final Court Ruling Ends Dispute with Bose
July 19, 2024
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.…
Read MorePatent Claims for Background Check Software Found Ineligible
July 18, 2024
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…
Read MoreCourt Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry
July 16, 2024
Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…
Read MoreCancer Test Patent Dispute Leads to Preliminary Injunction Against NeoGenomics
July 12, 2024
Natera, Inc. v. NeoGenomics Labs., Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of patent rights in the competitive world of cancer diagnostics. Natera, Inc., a company specializing in oncology testing, secured…
Read MoreFederal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®
June 25, 2024
Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…
Read MoreRemote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules
June 21, 2024
Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…
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