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Federal Circuit Holds Prior-Art Reference Need Not Address Patentee’s Specific Stated Problem To Qualify As Analogous Art
Federal Circuit Vacates Preliminary Injunction Over Claim Construction Errors And Rejects Presumption Of Irreparable Harm
Court of Appeals For The Federal Circuit Denies Petition For Rehearing En Banc In Design Patent Infringement Suit
  • Patent Trial And Appeal Board Announces IPR Remand Procedures
    11/28/2017
    On November 17, 2017, the Patent Trial and Appeal Board (the “Board”)—the division of the United States Patent and Trademark Office that handles inter-partes review proceedings—announced new internal operating procedures that will govern how the Board will handle inter partes review proceedings that the Court of Appeals for the Federal Circuit remands to the Board after appeal.  See P.T.A.B. Standard Operating Procedure (“SOP”) 9

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    Category: Inter Partes Review
  • U.S. Court Of Appeals For The Federal Circuit Clarifies Venue Law For Pre-Heartland Patent Cases
    11/21/2017

    On November 15, 2017, the United States Court of Appeals for the Federal Circuit issued two opinions explaining how district courts should determine whether, in cases filed prior to the recent Supreme Court TC Heartland venue decision, a defendant waived the defense of improper venue.  In the first opinion, In re Micron Techs., No. 2017-138, the Court issued a writ of mandamus and ordered the District Court to reconsider its decision that the defendant had waived the defense; in the second opinion, In re Cutsforth, Inc., No. 2017-135, the Court issued a writ of mandamus and ordered the District Court to reconsider its decision that the defendant had not waived the defense.

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