Category Archives: Federal Circuit Court of Appeals

Federal Circuit Issues Fresenius v. Baxter International Opinion

On July 2, 2013, the Federal Circuit issued its decision (available here) in Fresenius v. Baxter International. The court held, over a vigorous dissent by Circuit Judge Newman, that if the PTO finds that the asserted claims of the patent … Continue reading

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Federal Circuit Issues En Banc Decision in CLS Bank v. Alice Corp. To Address Software Patentability Issues

On May 10, 2013, the Federal Circuit (in a 135 page opinion, available here) issued its decision en banc in CLS Bank v. Alice Corp. The opinion (as well as Chief Judge Rader’s “Additional Reflections” and Judge Moore’s dissent-in-part) is … Continue reading

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Federal Circuit’s Model Order Limiting Excess Patent Claims and Prior Art

The Federal Circuit’s Advisory Council has issued a Model Order Limiting Excess Patent Claims and Prior Art (available here). The key features of the Model Order are the following: Pre-Markman Patent Holder Limitation: 10 Claims Per Patent / 32 Claims … Continue reading

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Federal Circuit Heightens Standard for Induced Infringement

On June 25, 2013, the Federal Circuit issued its opinion in Commil USA v. Cisco Systems (opinion available here). The district court had instructed the jury that that it could find inducement if “Cisco actually intended to cause the acts … Continue reading

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Chief Judge Rader’s NY Times Op-Ed Piece on Patent Trolls

Chief Judge Rader of the Federal Circuit has written an op-ed piece (available here) in The NY Times titled “Make Patent Trolls Pay in Court.” While I don’t agree with everything in the article, it’s certainly a worthwhile read to … Continue reading

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Federal Circuit Issues In Re EMC Corp. Mandamus Decision, Offering Substantial Guidance To Judges And Patent Practitioners In The Northern District of Texas On Transfer Issues

On January 29, 2013, the Federal Circuit issued its mandamus decision in In re EMC Corp. (available here). This decision, which applies in all patent infringement cases filed within the Fifth Circuit, such as in the Northern District of Texas, … Continue reading

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Textron Summary Judgment Decision Reversed by the Federal Circuit

On September 7, 2012, the Federal Circuit issued its decision in Textron Innovations v. American Eurocopter Corp. (decision available here). The Northern District of Texas district court had granted summary judgment in the defendant’s favor, concluding that, based on its … Continue reading

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Federal Circuit Changes Inducement Law in En Banc Akamai Decision

On August 31, 2012, the Federal Circuit issued its much anticipated en banc decision in Akamai v. Limelight (decision available here). In a 6-5 decision, the Federal Circuit overruled its 2007 BMC decision, and charted a new course for inducement … Continue reading

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Federal Circuit’s LaserDynamics Decision Reigns in Patent Infringement Damages (Yet Again)

On August 30, 2012, the Federal Circuit issued its decision in LaserDynamics v. Quanta (available here). In LaserDynamics, the Federal Circuit reversed the district court on several grounds, and remanded for a third trial. There were three notable aspects to … Continue reading

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Federal Circuit Upholds (In Part) Attorney’s Fees Award in Highmark v. Allcare Patent Infringement Case

On August 7, 2012, the Federal Circuit issued a decision (available here) in Highmark, Inc. v. Allcare Health Management Systems, Inc.  Allcare (the patent owner) had appealed Judge Means’ exceptional case order (under 35 U.S.C. § 285) and award of attorney’s … Continue reading

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