Federal Circuit Affirms B&I Victory for PetSmart in Patent Case

After hearing oral argument from David Swetnam-Burland on Monday, March 7, 2022, days later, on Thursday, March 10, the Federal Circuit Court of Appeals summarily affirmed the dismissal of a patent infringement case brought by Modern Font Applications, LLC against PetSmart in the U.S. District Court for the District of Utah. After offering Modern Font...

Federal Circuit Directs ITC To Consider Revoking Or Modifying Civil Penalty For Infringement of Invalid Patent

In a victory for Brann & Isaacson clients, DBN Holding, Inc. (formerly DeLorme Publishing Co.) and BDN LLC, the Federal Circuit Court of Appeals has issued an opinion reversing and remanding the International Trade Commission’s decision not to rule on the merits of a petition asking the ITC to set aside a civil penalty order....

TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued

In this week’s episode of Patent Venue, when is a change in the law a change in the law? On May 22, 2017, the Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit and reaffirming that a corporate defendant can only be sued for patent infringement either in its state of residence...

“Place of Business” Means Place of Business, Says Federal Circuit

Previously, on Patent Venue: May 22, 2017: The Supreme Court issues its opinion in TC Heartland, returning to the rule of law that a corporate defendant can only be sued for patent infringement either in its state of residence or a judicial district in which alleged acts of infringement have occurred and the business has...

Where More Often May Be Heard A Disparaging Word

Just on the eve of its two–day holiday closure, the Federal Circuit has issued a notable en banc opinion holding that the provision of law that prohibits the registration of “disparaging” trademarks is unconstitutional because it violates the First Amendment’s prohibition on restraints on free speech. A nine–judge majority of the court reached the conclusion...

Digital Downloads Aren’t “Articles”; New Rules For Alice In East Texas

A couple more newsworthy items to report on this week: * In a closely watched case in the Federal Circuit, a split panel of that court has held that the International Trade Commission does not have jurisdiction to protect against alleged patent infringement based on “importation” by digital download. Over a vigorous dissent from Judge...

It’s PTAB Week At The Federal Circuit

In a pair of decisions issued this week, the Federal Circuit has opined on the scope and limits of two kinds of administrative challenges to the validity of issued patents that can be filed with the Patent Trial and Appeals Board (PTAB), the administrative tribunal set up to decide such issues. Although the devil may...

Teva for Two: Federal Circuit Doubles Up On De Novo Review

In Teva Pharmaceuticals v. Sandoz, the Supreme Court said that in patent cases, like any other civil case, the court of appeals must show deference to the trial court’s findings of fact, even if those findings relate to the legal issue of the proper construction of claim language in a patent. In reporting on that...