The District of Kansas held that documents produced by a Canadian attorney working as in-house counsel on U.S. patent infringement matters qualify for attorney-client privilege in a U.S. patent infringement case. Sudenga Indus., I…
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Patent claims directed to a 3D virtual game environment were held ineligible on a Rule 12(c) motion for judgment on the pleadings under 35 U.S.C. § 101 and the Alice/Mayo test. Barbaro Technologies, LLC v. Niantic Inc., Case N…
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While software patents have recently survived Rule 12 motions to dismiss on the pleadings, a lack of an inventive concept doomed a set of software patents as ineligible under 35 U.S.C. § 101. MyMail Ltd. v. ooVoo, LLC, 17-cv-0448…
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In its second time considering a patent, the Federal Circuit upheld the district court’s ruling on noninfringement but overturned its ruling of lack of enablement in McRO v. Bandai Namco. The decision rested on the claim constru…
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Patent claims directed to “determining a master/slave rank of each station” in an ad hoc radio network are directed to the patent-ineligible “abstract idea of selecting the highest ranked station.” Cisco Systems, Inc. v. U…
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In the recent decision of IRIS Corporation Berhad v. United States of America, the United States Court of Federal Claims had the opportunity to evaluate the Doctrine of Equivalents (DOE) in view of applicant actions during prosecu…
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In Nike v. Adidas (Fed. Cir. April 9, 2020) (precedential), the Federal Circuit addressed the notice provisions of the Administrative Procedures Act (APA) as they relate to the Patent Trial and Appeals Board (PTAB or Board) deter…
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The sins of the parent patent will not be visited on the child patent, at least in the Western District of Texas. An earlier determination of ineligible subject matter does not trigger claim preclusion against an infringement suit…
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Following a bench trial, the District Court of Massachusetts held that Ethicon’s “shepherd’s hook” design for finger actuation of a forceps is not equivalent to a “finger loop” claimed by Covidien’s patent no. 9,241,…
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The Federal Circuit has reversed a PTAB determination of non-obviousness because, where the PTAB found no motivation to combine references, the Federal Circuit found a combination of references presented a simple design choice bet…
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