Recently in the Federal Circuit: The New Board Construction Conundrum
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- If you’ve ever wondered how they keep implanted medical devices from becoming dead weight when the batteries run out, this recent Federal Circuit decision addresses one solution—wireless charging through the skin! It also sheds light on a petitioner’s options when the Patent Trial and Appeal... ›
Last Week In The Federal Circuit (July 31 – August 4): Federal Circuit Reminds To Focus On The Claims
By: Tait Karsten Anderson
This week’s case of the (recent) week could serve as a crash course in several areas of patent law. It touches on Hatch-Waxman litigation and the Orange Book, claim construction, anticipation/obviousness, written description and enablement, infringement, induced infringement, and a parallel IPR proceeding. But as discussed... ›Last Week In The Federal Circuit (July 10 – July 14): An Applicant Gets Grilled On The Original Patent Requirement
With summer in full swing, it’s the perfect time to hang out in the pool and grill some burgers. Our case of the week involves an invention for doing both of those activities at the same time—and provides some insight on when claims can be... ›Last Week In The Federal Circuit (July 3 – July 7): Three Lawsuits, Still No Claim Preclusion
Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between direct and induced infringement. Case of the week: Inguran,... ›Last Week In The Federal Circuit (June 5 – June 9): A Nexus For Your Lexus
Summer is finally kicking into gear, but the Federal Circuit isn’t on vacation yet. Last week the Court issued several interesting decisions—including our case of the week, which analyzes the nexus requirement for objective evidence of nonobviousness. Case of the week: Yita LLC v. MacNeil... ›Last Week In The Federal Circuit (May 15 – May 19): Joint Inventorship and Insignificant Contributions
By: Robert M. Paris
This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel Foods Corporation , No. 22-1696 Panel:... ›Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement
By: Seth W. Lloyd
We’re still waiting for the Supreme Court to issue its decision in Amgen v. Sanofi. But in the meantime, the Federal Circuit continues to provide insights into 35 U.S.C. § 112’s requirement to “enable” persons of skill in the art to “make and use” a... ›Last Week In The Federal Circuit (April 10 – April 14): IPR Statutory Estoppel, In Two Acts
By: Seth W. Lloyd
If the scope of the IPR estoppel statute has been keeping you up at night, our latest case of the (recent) week might help you sleep a little better because it provides clarity on two aspects of the statute’s reach. Case of the (recent)... ›Last Week In The Federal Circuit (March 27 – March 31): Consulting The Federal Circuit On Statutory Interpretation
While last week may have been spring break for many of our readers, the Federal Circuit didn’t take the week off. It still issued several interesting decisions, including our case of the week this week—which discusses the relationship between the International Trade Commission and other... ›Last Week In The Federal Circuit (March 13 – March 17): A reminder that motivation doesn’t need to be found in the prior art references themselves
By: Brian R. Matsui
The Court had a busy week as the weather begins to turn, and those with school-aged kids begin to plan for spring break. This week we look at the Court’s latest reminder that obviousness is a flexible analysis, so below we provide our usual weekly... ›