Category: Federal Circuit
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Federal Circuit upholds ITC holding on domestic industry in cases where products don’t each practice all patents-in-suit
The Federal Circuit today affirmed a USTIC decision according to which economic data must be available for separate groups of products if not all of them practice all patents-in-suit.
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Federal Circuit effectively discourages patentees from availing themselves of pseudo-judicial Amazon procedure named APEX
Amazon’s Patent Evaluation Express (APEX) may fall out of favor with patent holders as a means of exerting pressure on an alleged infringer, as the Federal Circuit allows bring declaratory-judgment actions in the latter’s home state.
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Federal Circuit Judge Dyk on claim construction: apple on tree is not “secured” to ground through stem, trunk, roots
The assertion of a camera-related patent against a video conferencing company has raised an interesting claim construction question relating to the word “secured” (or “attached”).
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Judge Alan D. Albright has already participated in various Federal Circuit hearings and decisions
Context: Temporarily, more patent infringement cases were filed with the Waco division of the United States District Court for the Western District of Texas as patentees flocked to that court to put their cases in front of Judge Alan D. Albright, a former patent litigator who promised to take patent cases to trial rather swiftly….
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Apple’s opening brief in appeal of Watch case places emphasis on ITC’s domestic industry requirement
Apple has filed its opening brief in the appeal of the Apple Watch import ban ordered by the USITC in October 2023.
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Supreme Court asked to clarify PTAB invalidation decisions have preclusive effect even if being appealed
The Federal Circuit apparently believes that its own affirmance of a PTAB invalidity finding has preclusive effect (even if the losing side could still petition for rehearing or certiorari), while a final PTAB decision does not.
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Federal Circuit reinstates Apple Watch ban because Apple can sell version without pulse oximetry: what’s next?
The Federal Circuit has reinstated the Apple Watch import and sales ban as of tomorrow, but apparently didn’t weigh the merits of the appeal and focused on the fact Apple has obtained clearance of a workaround version without pulse oximetry.
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Apple asks court to allow continued sales of Apple Watch with pulse oximetry after securing clearance of version without
After securing customs clearance of an Apple Watch without pulse oximetry, Apple still asks the Federal Circuit to allow it to sell Apple Watches with that feature while its appeal is pending.
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Apple free to import Apple Watch into U.S. market after removal of pulse oximetry feature: court filing
Masimo has just told the Federal Circuit that Apple’s modified Apple Watch, which comes without pulse oximetry, has been cleared by U.S. Customs and Border Protection as Apple removed the pulse oximetry feature altogether.
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U.S. trade agency ITC incredibly portrays Apple as unrepentant infringer despite Masimo clearly abusing patents
The USITC incredibly accuses Apple of wanting to get away with intellectual property infringement while being completely insensitive to the serious issued raises by Masimo’s abusive patent filing tactics.