Filewrapper
Filewrapper is published by the attorneys of McKee, Voorhees & Saes, P.L.C. This site is a resource about intellectual property law for the firms clients, other attorneys, and the general public.
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Recent Articles
Grant of stay while preliminary injunction motion pending abuse of discretion
In a recent decision, the Federal Circuit found that a district court's grant of a stay pending inter partes reexamination without considering the patentee's pending motion for a preliminary injunction was an abuse of discretion. The Federal Circuit held the grant of the stay effectively denied...
Existence of other licenses under patent does not preclude finding of irreparable harm
In a decision Tuesday, the Federal Circuit affirmed a district court's grant of a permanent injunction. The district had previously granted a permanent injunction after a jury found willful infringement. In a previous appeal, the Federal Circuit affirmed the finding of willful...
Eleventh Circuit: Similarity of architectural plans depends largely on arrangement of features
In a recent decision, the Eleventh Circuit affirmed a district court's grant of summary judgment of non-infringement in an architectural copyright case. The appellant had argued that the district court had effectively heightened the standard for infringement by performing an element-by-element...
On appeal, BPAI cannot group claims that do not share a common reason for rejection
In a recent decision, the Federal Circuit affirmed a distirct court's vacatur of a decision of the Board of Patent Appeals and Interferences. In an appeal of rejections in twelve different applications involving approximately 2,400 claims, the Board only addressed the rejection of 21...
Use of "mechanism" in claim without more may result in means-plus-function interpretation
In a decision Monday, the Federal Circuit affirmed a district court's claim construction and related judgment of noninfringement. The decision focused on the issue of claim construction in means plus function claims. The critical limitation used the term "mechanism" without...
Today's prosecution practice tip: don't use the phrase "the present invention" in the specification
In a decision last week, the Federal Circuit affirmed a district court's claim construction and its related summary judgment of noninfringement. The district court held the applicable claim term was narrower than the "lay understanding" of the term, based on the...
District court's order dismissing the action with prejudice held to be nonfinal due to counterclaims
In a decision Thursday, the Federal Circuit affirmed a district court's denial of a preliminary injunction, and held it did not have jurisdiction over the remainder of the appeal because there was no final judgment. It was undisputed there was no infringement under the district court's claim...
Federal Circuit invalidates Patent on Nobel-Prize winning invention after 50 years of prosecution
In an appeal from the Board of Patent Appeals and Interferences, the Federal Circuit affirmed the Board's rejection of the claims based upon obviousness-type double patenting over previously-granted related patents. The technical aspects of the invention are complex, but are overshadowed by...
Ninth Circuit: Pre-1923 published foreign works may still be copyrighted, depending on notice
In a decision last week, the Ninth Circuit affirmed a district court's grant of summary judgment in favor of the plaintiff in a copyright case. The works at issue, sculptures by the famed artist Renior and coauthored by one of his assistants, Richard Guino, were created between 1913 and...
Federal Circuit holds oral arguments in claim and continuation limit rules case
On Friday, the Federal Circuit heard oral argument in the consolidated cases challenging the USPTO's new claim and continuation limit rules. You can download the audio of the arguments here. While it is, of course, too early to tell whether the Federal Circuit will affirm the...
