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CAFC Blog (www.cafcblog.com), an Andrews Kurth Kenyon LLP resource, keeps practitioners up-to-date on the most recent IP decisions from the U.S. Court of Appeals for the Federal Circuit. About Andrews Kurth Kenyon LLP For more than...
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The contributors to this blog are Andrews Kurth Kenyon Intellectual Property attorneys from throughout the country. Their backgrounds and areas of concentration allow them to provide comprehensive analyses of recent Federal Circuit Court opinions.  ...

Patents for Real Estate Searching on a Computer Are Invalid Under Section 101

MOVE, INC. v. REAL ESTATE ALLIANCE Ltd., case no. 2017-1463, Feb. 1, 2018.  Before Lourie, Wallach, and Stoll (nonprecedential) Takeaways: Under Alice step one, a claimed method “for collecting and organizing information about available real estate properties and displaying this information on a digital map that can be manipulated by …

Ford Succeeds In Invalidating More Claims Of Two Paice’s Patents Related To Hybrid Vehicles

PAICE LLC v. FORD MOTOR CO., case nos. 2017-1263, 2017-1264, 2017-1308, 2017-1309, 2017-1310, 2017-1311, Feb. 1, 2018.  Before Lourie, O’Malley (dissenting), and Taranto (nonprecedential) Takeaways: Substantial evidence supported a finding that method claims for controlling a hybrid vehicle comprising torque-based comparisons were obvious in view of the express disclosure of …

Ford Succeeds In Invalidating Some, But Not All, Claims Of Two Paice’s Patents Related To Hybrid Vehicles

PAICE LLC V. FORD MOTOR CO., case nos. 2017-1387, 2017-1388, 2017-1390, 2017-1457, 2017-1458, Feb. 1, 2018.  Before Lourie, O’Malley and Taranto Takeaways: Chenery (Securities & Exchange Commission v. Chenery Corp., 318 U.S. 80 (1943)) requires that administrative agencies provide a reasoned basis for their decisions.  In the context of post-grant …

CAFC Upholds Jury Verdict Form’s Condition That A Patent’s Validity Only Be Considered After A Determination That The Patent Was Infringed

Flexuspine Inc. v. Globus Medical Inc.: January 19, 2018. Before Prost, Clevenger, and Dyk.   Takeaway: A jury verdict form can be internally inconsistent, thereby necessitating a new jury verdict, if the jury ignores an instruction telling it to stop if it finds no infringement. Procedural Posture: Globus appealed decisions …

Declaration Submitted during IPR from Inventor of Prior Art Confirmed its Inherent Disclosure to Invalidate Monsanto’s Patent Claims

Monsanto Tech. LLC v. E.I. Dupont De Nemours & Co.: Jan. 5, 2018.  Before Dyk, Reyna, and Wallach. Takeaway: In support of an inherency contention, extrinsic evidence in the form of a declaration submitted by an author/inventor of a prior art reference may be submitted to elucidate the subject matter …

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