Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: En banc

Patent Alert: Federal Circuit Permits Appeal of Liability Prior to Damages or Willfulness Determination (Robert Bosch v. Pylon)

Posted in Appeals, Patent Alerts
Today, June 14, 2013, in Robert Bosch LLC v. Pylon Manufacturing Corp., No. 2011-1363, 1364, an en banc Federal Circuit ruled that parties can appeal a decision on liability in patent infringement cases before there has been a trial on damages or willfulness. Under 28 U.S.C. § 1292(c), the Federal Circuit has exclusive jurisdiction “of … Continue Reading

Patent Alert: En banc Federal Circuit indecisive on patent eligibility of computer-implemented inventions (CLS v. Alice)

Posted in Appeals, Patent Alerts
Last Friday, May 10, 2013, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit (en banc) issued a very divided decision in which a majority of the court affirmed that method, computer-readable medium and system patent claims on a computer-implemented invention were not patent eligible under § 101, but there was no majority … Continue Reading

Patent Alert: Federal Circuit to revisit standard of review for district court’s claim construction (Lighting Ballast Control v. Philips)

Posted in Patent Alerts
On March 15, 2013, in Lighting Ballast Control LLC v. Philips Electronics North America Corp., No. 2012-1014, the Federal Circuit granted Lighting Ballast’s petition for rehearing en banc to decide the following questions: (1) whether the court should overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998) (en banc) (holding that … Continue Reading

RANDomness

Posted in RANDomness
Patent Peace in South Korea:  Samsung and LG Electronics have settled their contentious patent and trade secret dispute relating to organic light-emitting diode (OLED) technology that is widely used in flat-panel televisions and computer monitors.  (via CNET) For the second time in a week, the Federal Circuit denied Apple’s request for an en banc hearing … Continue Reading

En banc Federal Circuit to hold oral argument Friday regarding patentability of software patents (CLS Bank v. Alice)

Posted in Appeals, Litigation
This Friday, February 8, an en banc United States Court of Appeals for the Federal Circuit will hear oral arguments in CLS Bank Int’l v. Alice Corp. Pty. Ltd. (No. 2011-1301), the latest Federal Circuit case to deal with the patentability of software-related patents and so-called business methods.  Given that the technologies claimed in many standard-essential … Continue Reading

RANDomness

Posted in RANDomness
Last week, the United States Supreme Court handed down its unanimous opinion in Already, LLC v. Nike (No. 11-982).  The Court held that Nike’s issuance of a broad covenant not to sue on one of its trademarks extinguished Already’s standing to its counterclaim for invalidity of Nike’s trademark.  While this case involved trademarks, not patents, the Court’s … Continue Reading

Federal Circuit affirms broad ITC jurisdiction over Section 337 actions brought by NPEs (InterDigital v. ITC)

Posted in Appeals, International Trade Commission, Litigation, Non-Practicing Entities
Today the Federal Circuit issued a per curiam order (with Judge Newman dissenting) denying a combined petition for a panel rehearing and a rehearing en banc in InterDigital Communications v. International Trade Commission (No. 2010-1093) (en banc).  However, along with the order, the panel also issued a new opinion to fully address arguments made by intervenor … Continue Reading

Patent Alert: Federal Circuit to review en banc patent eligibility of computer-implemented inventions (CLS Bank v. Alice)

Posted in Patent Alerts
UPDATE: The Federal Circuit issued an en banc decision holding the claims invalid.  Please see our May 13, 2013 post for more details. Today, Tues., Oct. 9, 2012, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit ordered rehearing en banc on the patent eligibility of computer-implemented inventions.  The CLS Bank original, and now vacated, decision found a stock trading … Continue Reading

Patent Alert: Federal Circuit changes law of induced infringement (Akamai and McKesson)

Posted in Patent Alerts
Today, Friday, August 31, 2012, in a combined en banc decision in Akamai Tech. v. MIT and McKesson v. EPIC Sys, Nos. 2009-1372 and 2010-1291, the Federal Circuit (Majority: Rader, Lourie, Bryson, Moore, Reyna and Wallach; Dissent: Newman; Dissent: Linn, Dyk, Prost and O’Malley) substantially changed § 271(b) induced infringement by overruling the BMC Resources rule that a “single entity” must perform … Continue Reading

Patent Alert: Split en banc Federal Circuit rules no intervening rights for reexamined claims not amended/new (Marine Polymer v. Hemcon)

Posted in Patent Alerts
Today, Thu., Mar. 15, 2012, in Marine Polymer v. Hemcon, No. 2010-1548, the Federal Circuit en banc (Opinion by Lourie; Dissent by Dyk) in a split decision ruled that intervening rights do not arise for claims that were not amended or added in reexamination even if arguments during reexamination changed the claim scope.  The Majority ruled that the … Continue Reading
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