CAFC

August 10, 2020
Macro photograph of a computer keyboard with black keys.

Infringer Uses Marking Requirement to Escape Pre-Suit Damages

Fed. Cir. 2019-2041 - The CAFC held that Packet Intelligence was precluded from claiming $3.5M in pre-suit damages because the marking requirement was not met.
April 16, 2020
Photograph of white pharmaceutical pills on a blue background.

Prima Facie Obviousness Established From Similar Compounds, Overlapping pH

Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
December 19, 2019

Fuel Tank Patents Limited by Patentee’s “Special Definition”

Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
November 14, 2019
Photo of the interior of an airplane cabin, showing a row of seats.

Airbus Gets Another Shot at Patent for “Breathable Fire-Preventative” Air

Fed. Cir. 2019-1803 – CAFC sides with Airbus, finding that prior art references may be analogous even if they are outside the "field of endeavour."
October 11, 2019
Close up photo of an automotive hub cap and tire of a car.

Automotive Patent Overturned As “Monstrous” §101 Grows Another Head

CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
September 20, 2019
Macro (close-up) photo of a hazel coloured human eye, eyelashes, and eyelid.

Allergan’s Glaucoma Patents Saved by “Wherein” Clauses

CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
September 6, 2019
A Coke being poured from a plastic bottle into a glass with ice.

Pepsi Wins Squabble Over Scent-Releasing Trade Secrets

CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.
July 22, 2019
Photo of a contract or license being signed.

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”
June 4, 2019
Pharmaceutical research

When Can New Uses for Known Drugs Be Patented?

Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.