We have a couple of short opinions in this post. One is, literally, a probing opinion on invalidity. The other is an order granting en banc review in a case we told you about a few months ago. In re Pond, No. 2011–1179 (Fed. Cir. Jan. 18, 2012) (Chief Judge Rader, Circuit Judges Dyk and […]
Category: Matt’s Posts
Paying for Peter and the Wolf
Golan v. Holder, No. 10–545 (U.S. Jan. 18, 2012) (slip op.) The Supreme Court announced its decision in Golan v. Holder last week – a case with a large potential impact. At stake is 17 U.S.C. § 104A, which gave foreign authors U.S. copyright for works in which they lost their chance by not following […]
The Forum is Always Greener…
It seems like people are just never happy where they are, and defendants in patent suits even more so. Often a plaintiff will file its lawsuit in a court it thinks is pro-patentee, like the Eastern District of Texas or the District of Delaware, and a defendant will do its best to move the litigation […]
Rage Against the PowerScreen
Sometimes, the most interesting part of a patent opinion is the dissent, and Judge Newman turned in a doozy for this case. In re Construction Equipment Co., No. 2010–1507 (Fed. Cir. Dec. 8, 2011) (Judges Newman, Prost, and O’Malley) The case is an appeal from the Board of Patent Appeals and Interferences, which affirmed the […]
Preambling Your Way to Anticipation
Boesen v. Garmin International, No. 2010–1488 (Fed. Cir. Dec. 15, 2011) (Chief Judge Rader, Circuit Judges Linn and Moore) (nonprecedential) (per curiam) In patents, one word can make all the difference. For example, in drafting patent claims, patent attorneys nearly always use the word “comprising” at the end of the preamble, like this: A method […]
They Did Not Like Green Edge’s Plan
They Did Not Like Green Edge’s Plan Green Edge Enterprises, LLC v. Rubber Mulch Etc., LLC, No. 2011-m998 (Fed. Cir. Dec. 13, 2011) (Chief Judge Rader, Circuit Judges Lourie and Bryson) (nonprecedential) (per curiam) We’ve written a few times about the timing of an appeal. Normally, you have to wait until all issues in a […]