The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation ..read more

Means-plus-function claim elements can be a sticky wicket during an inter partes review, to borrow a phrase from the cricket lovers out there ..read more

With Halloween fast approaching, many of us are asking the age-old question: “Is this decoration too heavy to hang with this [hook/tape/blue tack/string around a too-thin tree branch]?” The Federal Circuit faced a similar conundrum in one recent case and found that an ordinary engineer would be up to the task ..read more

Our case this week, at first glance, features a typical appeal from the Patent Trial and Appeal Board and the construction of the jingle-worthy term “connection rejection message” in the context of two patents involving cellular telecommunications systems. But as discussed below, what may be most interesting about the case is the Court’s guidance on procedure and standards of review ..read more

If you’ve ever wondered how they keep implanted medical devices from becoming dead weight when the batteries run out, this recent Federal Circuit decision addresses one solution—wireless charging through the skin! It also sheds light on a petitioner’s options when the Patent Trial and Appeal Board adopts a patent owner’s new claim construction after institution ..read more

This week’s case of the (recent) week could serve as a crash course in several areas of patent law. It touches on Hatch-Waxman litigation and the Orange Book, claim construction, anticipation/obviousness, written description and enablement, infringement, induced infringement, and a parallel IPR proceeding. But as discussed below, the most interesting aspects of the decision relate to safety and efficacy for claimed treatments, the effect of ongoing IPR proceedings, and anticipation of product-by-process claims ..read more

With summer in full swing, it’s the perfect time to hang out in the pool and grill some burgers. Our case of the week involves an invention for doing both of those activities at the same time—and provides some insight on when claims can be broadened through the reissue process ..read more

Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between direct and induced infringement ..read more

Summer is finally kicking into gear, but the Federal Circuit isn’t on vacation yet.  ..read more

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 claimed invention ..read more