Federal Circuit Archives

Mar 19, 2020

Federal Circuit Provides Clarity on the Question of Whether Computer Equipment Can Serve as a Basis for Venue in Patent Infringement Actions

Last year, we published an article concerning whether the presence of computer servers satisfies the “regular and established place of business” requirement for establishing proper venue in patent cases Establishing Proper Venue in Patent Cases. In that article, we discussed the Federal Circuit’s refusal to grant a writ of mandamus filed by Google in patent litigation initiated by SEVEN Networks, LLC in U.S. District Court for the Eastern District of Texas. In that litigation, Judge Rodney Gilstrap denied a motion by Google to transfer venue, finding that Google’s provision of Google Global Cache (GGC) servers that were owned by Google but… Read more

Jan 30, 2019

Adjusting Patent Term Adjustment: Fed. Cir. Makes Additional PTA Possible.

On January 23, 2019, the Court of Appeals for the Federal Circuit significantly altered the rules concerning the possible amount of Patent Term Adjustment (PTA) available to patentees. In Supernus Pharmaceuticals, Inc. v. Iancu, WL 286925 (Fed. Cir, 2019), the Federal Circuit held that the United States Patent and Trademark Office (USPTO) exceeded its rulemaking authority by assessing a PTA reduction that exceeded the statutory limitations. PTA is calculated by adding delay in prosecution attributable to the USPTO and subtracting delay attributed to the applicant. The net number of days is awarded as PTA to the granted patent. Supernus Pharmaceuticals,… Read more

Aug 15, 2017

No Right to a Jury Trial for Attorney Fee Awards Under 35 U.S. Code § 285

Section 285 of the Patent Act provides: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” But, does the Seventh Amendment require a jury trial to decide the facts forming the basis of an award of attorney’s fees under § 285 of the Patent Act? In AIA America v. Avid Radiopharma (Fed. Cir. 2017), the Federal Circuit has ruled that the factual basis for an attorney fee award need not be decided by a jury — affirming a $4 million fee award that followed a jury trial on the sole issue of whether the plaintiff… Read more

Feb 2, 2017

SGR Team Wins Federal Circuit Appeal for Patent Interference

On Friday, an SGR team cemented a victory on behalf of its client Yang when the U.S. Court of Appeals for the Federal Circuit ruled in its favor in an appeal brought by Chan related to a patent interference proceeding (Interference No. 106,025 (the ʼ025 interference)) (2016-1214). The Court’s ruling affirmed the SGR team’s previous success before the Patent Trial and Appeal Board (PTAB), which resulted in judgment against Chan and cancellation of a number of claims of Chan’s U.S. Patent No. 8,614,197 (Chan’s ʼ197 patent). The issues on appeal related to (a) whether the PTAB correctly declared an interference-in-fact… Read more