Category Archives: Federal Circuit Court of Appeals

Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion

Posted on May 14, 2021 by Steven Callahan

So holds the Federal Circuit in its July 28, 2020 decision in In re Adobe Inc. (available here) issuing a writ of mandamus directing the Western District of Texas to transfer a patent case brought against Adobe to the Northern … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion

Federal Circuit Requires Stay Until Transfer Ruling (Part 2)

Posted on March 17, 2021 by Steven Callahan

On March 8, 2021, the Federal Circuit issued an order in In re: Tracfone Wireless, Inc. (available here). This order is another Federal Circuit decision directing W.D. Tex.’s Judge Albright to stay a case pending the resolution of a motion … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals | Comments Off on Federal Circuit Requires Stay Until Transfer Ruling (Part 2)

Federal Circuit Requires Stay Until Transfer Ruling

Posted on February 5, 2021 by Steven Callahan

On February 1, 2021, the Federal Circuit issued an order in In re: SK Hynix Inc. (available here). The order required a Western District of Texas district court judge to stay all proceedings until ruling on a pending transfer motion. … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals | Comments Off on Federal Circuit Requires Stay Until Transfer Ruling

Federal Circuit Upholds Nintendo’s Alice Win

Posted on January 15, 2021 by Steven Callahan

On January 13, 2021, the Federal Circuit issued a decision in iLife Technologies, Inc. v. Nintendo of America, Inc. (available here). The decision affirmed Chief Judge Lynn’s decision that, under Alice, iLife’s patent claim at issue was directed to patent … Continue reading →

Posted in Federal Circuit Court of Appeals, Judge Lynn | Comments Off on Federal Circuit Upholds Nintendo’s Alice Win

Federal Circuit Axes Graphical Processing Patent Under Alice

Posted on December 31, 2020 by Steven Callahan

On December 29, 2020, the Federal Circuit issued its opinion in Simio v. Flexim Software (available here), deeming the patent-in-suit ineligible for patenting under the Supreme Court’s Alice decision. Under Alice Step 1, the Court held that the patent’s key … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on Federal Circuit Axes Graphical Processing Patent Under Alice

IPR Fees Are Not Available Under Section 285 Of The Patent Act

Posted on July 28, 2020 by Steven Callahan

So holds the Federal Circuit in its June 4, 2020 Amneal v. Almirall decision (available here). In the case, the Federal Circuit denied Almirall’s request for fees incurred for work on an IPR filed against an Almirall patent by Amneal. … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on IPR Fees Are Not Available Under Section 285 Of The Patent Act

Artic Cat (Part I and II): Lots To Know About Patent Marking

Posted on April 16, 2020 by Steven Callahan

In 2017 and 2020, the Federal Circuit issued two Arctic Cat decisions (available here and here) that are important for any patent litigator (and patent owner) to understand. Both decisions deal with patent marking and thus patent damages. By law, … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on Artic Cat (Part I and II): Lots To Know About Patent Marking

Federal Circuit Finds That Retroactive Application Of IPR Proceedings To Pre-America Invents Act Patents Does Not Constitute An Unconstitutional Taking Under The Fifth Amendment

Posted on April 9, 2020 by Steven Callahan

On July 30, 2019, the Federal Circuit issued its decision in Celgene Corp. v. Peter (available here). The Federal Circuit held that the retroactive application of inter partes review proceedings to pre-America Invents Act patents did not constitute an unconstitutional … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on Federal Circuit Finds That Retroactive Application Of IPR Proceedings To Pre-America Invents Act Patents Does Not Constitute An Unconstitutional Taking Under The Fifth Amendment

The DBA’s IP Section Is Having a 25th Anniversary Celebration

Posted on August 4, 2019 by Steven Callahan

As you may have heard, the Dallas Bar Association’s IP Section turned 25 this year and they are hosting a celebration on the evening of October 1, 2019, at the Belo Mansion for all of those involved in IP in … Continue reading →

Posted in Dallas Legal Community, Federal Circuit Court of Appeals | Comments Off on The DBA’s IP Section Is Having a 25th Anniversary Celebration

Federal Circuit Upholds District Court’s Vacating Of Judgment In View Of Later Decision Invalidating Patent

Posted on July 21, 2019 by Steven Callahan

On February 1, 2019, the Federal Circuit issued its decision (available here) in Prism Technologies v. Sprint Spectrum. The case raises the question of what happens where: (i) a plaintiff obtains a jury verdict/judgment that is affirmed on appeal at … Continue reading →

Posted in Federal Circuit Court of Appeals | Comments Off on Federal Circuit Upholds District Court’s Vacating Of Judgment In View Of Later Decision Invalidating Patent