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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) In this appeal from the Western District of...

CASE OF THE WEEK Blackbird Tech LLC v. Health in Motion LLC, Appeal No. 2018-2393 (Fed. Cir. Dec. 16, 2019) In this week’s Case of the Week, the Federal ... Read More »
Contemporary AI technology of the kind one has increasingly heard about in recent years is based on machine learning and deep learning methodologies... Read More »
Totality of Circumstances for Determining Public Accessibility Over the years, the Patent Trial & Appeal Board had become panel dependent in assessing... Read More »
CAFC Faults PTAB Nexus Presumption A proper obviousness analysis under Graham v. John Deere analyzes four factors: (1) the scope and content of the prior art; (2) ... Read More »
FOX FACTORY, INC. v. SRAM, LLC Before Prost, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board (PTAB). Summary:  When a commercial ... Read More »
Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo... Read More »
THE CHAMBERLAIN GROUP, INC. v. ONE WORLD TECHNOLOGIES, INC. Before Dyk, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: New... Read More »
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC Before Reyna, Taranto, and Stoll.  Appeal from the U.S. District Court for the Middle District of North... Read More »
Gov’t Questions Fundamental Aspects of Court Decision As promised, the government has now sought en banc rehearing in Arthrex. In its petition, the... Read More »
AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary... Read More »
BLACKBIRD TECH LLC v. HEALTH IN MOTION LLC Before Wallach, Prost, and Hughes. Appeal from U.S. District Court for the Central District of California. Summary: ... Read More »
CASE OF THE WEEK Peter v. Nantkwest, Inc., Appeal No. 2018-801 (Sup. Ct. Dec. 11, 2019) This week the Supreme Court answered a long-simmering question... Read More »
TECHTRONIC INDUSTRIES CO. LTD. v. ITC Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in ... Read More »
SCOTUS to Recalibrate Appeal Bar Earlier this week the SCOTUS heard arguments in Dex Media Inc. v. Click-To-Call Technologies, LP. As a reminder, the issue... Read More »
PETER V. NANTKWEST, INC. Before Sotomayor, Roberts, Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh.  Appeal from the Federal Circuit on rehearing en... Read More »
Johnstech International sued JF Microtechnology for infringing its patent related to semiconductor contactors for testing integrated circuits.  Both companies... Read More »
Last week we explained how BigLaw is reshaping ITC Section 337 landscape by entering into this very specialized IP field (Patexia Insight 72). This week we analyze... Read More »
Earlier this year, the Supreme Court issued orders to the Solicitor General to weigh in on whether or not the Court should grant cert. in two high profile Fed. Cir... Read More »
Western Plastics sued Dubose Strapping for infringing a patent covering a material for wrapping rolls of metal coil.  Both parties compete in the metal industry... Read More »
CASE OF THE WEEK TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, Appeal Nos. 2018-1363, et al. (Fed. Cir. Dec. 5, 2019) In... Read More »
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