Federal Circuitry

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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October 28, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (October 17 – October 21): Mapping The Section 101 Landscape
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
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
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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Topic Archives: Last Week in the Federal Circuit

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

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

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

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