Fed Circuit swings the pendulum towards eligibility and away from abstraction

In 2012 when Enfish sued Microsoft the District Court for the Central District of California found all claims invalid because they were directed to the abstract idea of “storing, organizing, and retrieving memory in a logical table” or “the concept of organizing information using tabular formats.” On appeal, Judge Todd Hughes of the United States […]

Federal Circuit issues clarifying opinion on Definiteness vs Indefiniteness test

The Federal Circuit recently clarified its interpretation of a major Supreme Court case involving the standard of definiteness and when a patent may be determined indefinite. Previously the Federal Circuit has held that a claim is indefinite “only when it is ‘not amenable to construction’ or ‘insolubly ambiguous.’”  In Biosig Instruments, Inc. v. Nautilus, Inc. […]

Federal Circuit issues clarifying opinion on Direct Infringement vs. Induced Infringement

The Federal Circuit recently clarified its interpretation of a major Supreme Court case involving direct infringement. In Akamai Technologies, Inc. v. Limelight Networks the Federal Circuit issued a new opinion that said direct infringement of a method claim “exists when all of the steps of the claim are performed by or attributed to a single […]

Federal Circuit Restricts Patent Exhaustion Doctrine

In Helferich Patent Licensing v. NYTimes and JCPenney, the Federal Circuit restricted the scope of the patent exhaustion doctrine by holding that the doctrine only protects “authorized acquirers” of a device against patent infringement claims instead of putting the device itself outside the scope of patent protection. In Helferich, the Helferich company owned patents on […]

Federal Circuit: Independent Claim Preamble May Limit Dependent Claims

In Pacing Tech v. Garmin, the Federal Circuit construed the claim preamble of an independent claim of a patent to be limiting for the dependent claims as well. The preamble of the claim, which referred to “a repetitive motion pacing system,” was found to be limiting because it “served as an antecedent basis” for limitations […]

Federal Circuit Upholds Willful Infringement Finding Despite Defendant’s Invalidity Defense

In Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. 14-1114 – 2015-01-13, the Federal Circuit upheld a district court decision finding willful infringement.  To find willful infringement, “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” In […]