Category Archives: Federal Court

Just When You Thought Things Couldn’t Get Worse Via The Application Of 101

On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017), a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test … Continue reading

Posted in Alice, Federal Court, Section 101 | 2 Comments

Chisum Patent Academy – Commentary on Impression Products v Lexmark International

This is a repost of commentary by Donald Chisum and Janice Muller of Chisum Patent Academy. In Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, — S. Ct. —-, 2017 WL 2322830 (May 30, 2017), the Court, in an opinion … Continue reading

Posted in Federal Court, Jurisdiction | Leave a comment

“TC Heartland” Supreme Court Limits Venue in Patent Suits

Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s state of incorporation, not to … Continue reading

Posted in Federal Court, Jurisdiction | Leave a comment

Fairchild (Taiwan) Corp. v. Power Integrations, Inc.

In my last post, I discussed estoppel in the context in inter partes review, in which defendant filed for IPR after losing in the courts. The Board found the claims-in-suit to be obvious. The Federal Circuit affirmed that the courts and … Continue reading

Posted in Federal Court, Post-Grant Issues, Post-issuance procedures | Leave a comment