when an apparatus claim depends on functioning claim to describe the apparatus, what the device does and how it does it are highly relevant to understanding what the device is
Oct 22, 2025
CAFC Alert
Functional Limitation, Claim Construction, and Obviousness: Bayer v. Mylan
Sep 24, 2025
CAFC Alert
The Federal Circuit’s First AIA Derivation Case
Sep 10, 2025
CAFC Alert
Presumption of Validity Does Not Protect a Patent from Invalidity for Lack of Adequate Written Description
Aug 27, 2025
CAFC Alert
Shocking-Applicant Admitted Prior Art Sinks Own Patent
Aug 13, 2025
CAFC Alert
No Going Back!
Jul 30, 2025
CAFC Alert
Less Heightened Standard for the Nexus Requirement regarding the Licenses Offered as Objective Indicia of Nonobviousness
Jun 18, 2025
CAFC Alert
Federal Circuit’s Question of First Impression on the Patent Eligibility of Machine Learning
May 22, 2025
CAFC Alert
Indefiniteness and Means-Plus-Function: Fintiv v. PayPal
May 7, 2025
CAFC Alert
CAFC Affirms Prosecution Disclaimer and Non-Infringement in ANDA Case
Apr 23, 2025
CAFC Alert
Written Description is Required When a Preamble is Limiting
Mar 26, 2025
CAFC Alert
In Re: Entresto -Written Description and Enablement Do Not Have To Be Complicated.
Jan 16, 2025
CAFC Alert
Claim Construction and Doctrine of Equivalents: NexStep v. Comcast
Dec 5, 2024
CAFC Alert
Standing Reminder for Inter Partes Review Decisions
Oct 28, 2024
CAFC Alert
Liberal construction for pro se litigants does not mean ignoring the pleading requirements under the FRCP
Oct 28, 2024
CAFC Alert
When to Apply Printed Matter Doctrine to Communications and Program Code
Written Description Compliance Requires Lack of Different Inventions Achieved by Claimed and Disclosed Ranges
Apr 19, 2024
CAFC Alert
Depends On How You Slice It: CAFC reverses PTAB on Weber v. Provisur IPR ruling
Apr 6, 2024
CAFC Alert
THE DOMESTIC INDUSTRY REQUIREMENT FOR AN ITC COMPLAINT CAN BE SATISFIED BASED ON A SUBSET OF A PRODUCT IF THE IP INVOLVES ONLY THAT SUBSET
Mar 22, 2024
CAFC Alert
Inventor declaration not related to what is claimed or discussed in the patent would not help the patent to survive from patent eligibility attack in the pleading stage
Mar 9, 2024
CAFC Alert
The Twists and Turns of Claim Construction Issues in an IPR
Feb 2, 2024
CAFC Alert
Claim Construction Should Be Well-Grounded in Both Intrinsic and Extrinsic Evidence
Jan 15, 2024
CAFC Alert
FUNCTIONAL CLAIMS REQUIRE MORE THAN JUST TRIAL-AND-ERROR INSTRUCTIONS FOR SATISFYING THE ENABLEMENT REQUIREMENT
Jan 6, 2024
CAFC Alert
Ramification of Silence in Prosecution History and Reminder on Formulating Effective Obviousness Arguments
Nov 17, 2023
CAFC Alert
IPR Amendments: Broader is Broader (even narrowly so).
Sep 15, 2023
CAFC Alert
Why not to be conclusory!
Sep 7, 2023
CAFC Alert
Do not omit an “essential element” of the original invention in the reissue claims
Aug 29, 2023
CAFC Alert
Federal Circuit Affirms Alice Nix of Poll-Based Networking System
Aug 10, 2023
CAFC Alert
Claim Construction Should be Well-Grounded in Intrinsic Evidence
Aug 4, 2023
CAFC Alert
UNEXPECTED RESULTS VERSUS UNEXPECTED MECHANISM
Jul 28, 2023
CAFC Alert
THE MORE YOU CLAIM, THE MORE YOU MUST ENABLE
Jul 12, 2023
CAFC Alert
Joint Inventorship Gone Up In Smoke For Want of Significant Contribution
Jun 16, 2023
CAFC Alert
CAFC upheld ITC’s ruling under the ‘Infrequently Applied’ Anderson two-step test regarding the enablement of open-ended ranges
Jun 8, 2023
CAFC Alert
File your patent application before attending a trade show to showcase your products
May 26, 2023
CAFC Alert
Common Sense Still Applies In Claim Construction
May 13, 2023
CAFC Alert
What’s the Problem? CAFC reverses PTAB for identifying the problem to be solved in finding combined references analogous when the burden was properly on the Petitioner
May 11, 2023
CAFC Alert
Limitations of Result-Based Functional Language and Generic Computer Components in Patent Eligibility
May 2, 2023
CAFC Alert
A Picture is Worth a Thousand Words in Establishing Public Use When Utility is Ornamental
Apr 3, 2023
CAFC Alert
A Claim term referring to an antecedent using “said” or “the” cannot be independent from the antecedent
Feb 24, 2023
CAFC Alert
Obvious Claim Limitation Fails to Present Different Issues of Patentability Needed to Deny Collateral Estoppel
Feb 16, 2023
CAFC Alert
CAFC splits the difference between VLSI and Intel on Claim Construction
Dec 29, 2022
CAFC Alert
No Shapeshifting Claims Through Argument in an IPR
Dec 16, 2022
CAFC Alert
MERE AUTOMATION OF MANUAL PROCESSES USING GENERIC COMPUTERS DOES NOT CONSTITUTE A PATENTABLE IMPROVEMENT IN COMPUTER TECHNOLOGY
Dec 6, 2022
CAFC Alert
Throwing in Kitchen Sink on 101 Legal Arguments Didn’t Help Save Patent from Alice Ax
Nov 22, 2022
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