Federal Circuitry

February 07, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning
By: Samuel Benjamin Goldstein
The Supreme Court recently issued its first decision of the Term in Arellano v. McDonough , affirming the Federal Circuit and holding that a statutory provision governing the effective date of a veterans’ benefits application is not subject to equitable tolling. (We wrote about the
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January 30, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?
By: Seth W. Lloyd
If you think claim construction is more fun than watching paint peel, then you’re probably a patent lawyer. And what’s more fun than claim construction? Claim construction with an indefiniteness challenge, as happened in this week’s case of the week. Case of the (recent) week: Grace
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January 17, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (January 3 – January 6): Corroboration Station
By: Samuel Benjamin Goldstein
A new year means new Federal Circuit decisions to analyze. Our case of the week recounts an interesting saga of companies copying each other’s patent applications to provoke an interference. And if that’s not enough to grab your attention, the case provides some insight into the
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November 21, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (November 14-18): No Disclaimer For You!
By: Seth W. Lloyd
Some of you may remember the Federal Circuit’s decision from a few (actually 5!) years ago holding that patent owner statements made in an IPR proceeding may “support a finding of prosecution disclaimer during claim construction.” That decision left unresolved an important question—whether disclaimer statements
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November 10, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (October 31 – November 4): Keeping It In The (Patent) Family
By: Samuel Benjamin Goldstein
Claim construction disputes often include arguments based on patents in the same family or materials incorporated by reference. Our case of the week discusses both categories of sources—and illustrates some limits on their use in claim construction. Case of the (recent) week: Finjan LLC v.
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October 28, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (October 17 – October 21): Mapping The Section 101 Landscape
By: Samuel Benjamin Goldstein
As we’ve noted , the Supreme Court is once again considering whether to take up patent eligibility: it recently CVSGed two more Section 101 cases. While we wait for the government’s views, the Federal Circuit will continue resolving Section 101 disputes, likely including some close cases resulting in
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October 18, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (October 10 – October 14): Intrigue, Espionage, Judicial Review, and Administrative Law
By: Brian R. Matsui
The Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly subjective selection based on
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October 12, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (October 3 – October 7): Genus/Species Meets Inherent Anticipation
By: Seth W. Lloyd
Unlike obviousness, the test for anticipation in patent law is generally pretty simple—does the prior art disclose the same thing as the challenged patent claims. But as our latest case of the week shows, that simple test can sometimes involve subtle, and more complicated, issues.
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September 15, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (September 6 – September 9): Repeating Litigation, Again
By: Seth W. Lloyd
Usually in American courts, parties get one chance to litigate a single legal claim. Courts enforce that principle in a variety of ways – at the back end, through rules like claim and issue preclusion; and at the front end, through rules like the duplicative-litigation
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September 08, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era
By: Samuel Benjamin Goldstein
Have you ever wondered what it means when your smartphone or tablet connects to an “LTE” network? Our case of the week dives into that technology—and offers an interesting discussion of functional claim limitations and standard-essential patents. Case of the week: INVT SPE LLC v.
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Topic Archives: Last Week in the Federal Circuit

Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?

By: Seth W. Lloyd

Last Week In The Federal Circuit (January 3 – January 6): Corroboration Station

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (November 14-18): No Disclaimer For You!

By: Seth W. Lloyd

Last Week In The Federal Circuit (October 31 – November 4): Keeping It In The (Patent) Family

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (October 17 – October 21): Mapping The Section 101 Landscape

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (October 10 – October 14): Intrigue, Espionage, Judicial Review, and Administrative Law

By: Brian R. Matsui

Last Week In The Federal Circuit (October 3 – October 7): Genus/Species Meets Inherent Anticipation

By: Seth W. Lloyd

Last Week In The Federal Circuit (September 6 – September 9): Repeating Litigation, Again

By: Seth W. Lloyd

Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era

By: Samuel Benjamin Goldstein