Federal Circuitry

April 25, 2023 - Last Week in the Federal Circuit
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
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April 18, 2023 - Last Week in the Federal Circuit
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)
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April 06, 2023 - Last Week in the Federal Circuit
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
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March 20, 2023 - Last Week in the Federal Circuit
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
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February 21, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (February 13 – 17): Shining Light On Competing Patent And State Law Claims
By: Seth W. Lloyd
If you’re like me, hanging holiday lights generally sucks any kind of holiday spirit right out of you. This week’s case of the week involves technology that might help. And it resolves (at least at the preliminary injunction stage) competing state tort and federal patent law
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February 07, 2023 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning
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
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
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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Topic Archives: Last Week in the Federal Circuit

Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement

By: Seth W. Lloyd

Last Week In The Federal Circuit (April 10 – April 14): IPR Statutory Estoppel, In Two Acts

By: Seth W. Lloyd

Last Week In The Federal Circuit (March 27 – March 31): Consulting The Federal Circuit On Statutory Interpretation

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

Last Week In The Federal Circuit (February 13 – 17): Shining Light On Competing Patent And State Law Claims

By: Seth W. Lloyd

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

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

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