Federal Circuitry

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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August 30, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question
By: Seth W. Lloyd
If you don’t appeal an issue from an adverse judgment, are you going to be bound by the decision on that issue in future cases? This can often be an important question to consider when deciding whether and what issues to appeal. But sometimes, the chance
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August 22, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation
By: Brian R. Matsui
We’re now in the waning days of summer, and the Court’s activity last week somewhat reflected that: two decisions and a few orders. One of those orders was for something you don’t see often: an appeal being dismissed for an appellant missing the deadline to file its
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August 16, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express
By: Brian R. Matsui
For most of us, we’re stuck in the August heat, on delayed European vacations, or hopefully just hanging out at the beach. But for the Court it still was work as usual, including a return trip to the Federal Circuit for the defendant in Minerva.
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August 10, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship
By: Samuel Benjamin Goldstein
From facial-recognition technology to voice assistants and self-driving cars, artificial intelligence these days is pretty remarkable. But according to our latest case of the week, there’s at least one thing AI can’t do: be listed as an inventor on a patent application. Case of the week:
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August 04, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules
By: Seth W. Lloyd
Sometimes just because the rules permit something doesn’t mean doing it is a good idea. As our latest case-of-the-week shows, the result could be an award of attorney fees. Case of the week: Realtime Adaptive Streaming v. Netflix, Inc. , No. 21-1484 Panel: Judges Newman,
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July 26, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility
By: Samuel Benjamin Goldstein
Precedential opinions: 3 Non-precedential opinions: 10 Rule 36: 0 Longest pending case from argument: Zafer Construction Company v. United States , No. 21-1547 (104 days) Shortest (non-Rule 36) pending case from argument: Tie between Polaris Innovations Limited v. Advanced Micro Devices, Inc. , No. 21-1917 (13
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July 19, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t
By: Brian R. Matsui
Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States , No. 21-1750 (219 days) Shortest (non-Rule 36) pending case from argument: Koninklijke Philips N.V. v. Thales USA, Inc. , No. 21-2106 (36 days) Case of the week:
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Topic Archives: 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

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

Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question

By: Seth W. Lloyd

Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation

By: Brian R. Matsui

Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express

By: Brian R. Matsui

Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules

By: Seth W. Lloyd

Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility

By: Samuel Benjamin Goldstein

Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

By: Brian R. Matsui