The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles over claim construction in Markman hearings in district court.
validity
Would You Watch an Ad to Read this Post?
Another patent just failed the Supreme Court's airy test for unpatentable "abstract ideas".
A whiter shade of pale
Patents that define ways to make money through commerce on the Internet never have gotten much respect.
In the last year, a series of rulings by the Federal Circuit and the Supreme Court bled much of the remaining color out of the "business…
Winner Has to Pay Bulk of Its Own E-Discovery Costs, Federal Circuit Says
The expense of a big document case lies mainly in the looking for, the sifting through, and the analysis of your client's, and the other side's, megabytes and terabytes of ESI — "electronically stored information", in the words of Rule 26 of the Federal Rules of Civil Procedure.
You'd like to shift that burden to…
Tardy Patent Expert Report Came Too Late, Federal Circuit Rules
What happens on appeal after the district court struck an expert report that did not exist until after the other side had deposed the expert and moved for summary judgment and the discovery deadline had passed?
The Federal Circuit affirms, silly. Cheese Systems, Inc. v. Tetra Pak Cheese and Power Systems, Inc., No. 12-1463…
Infringers Must Show Patent Invalidity Clearly and Convincingly, Supreme Court Holds
Seven justices today rejected an attempt to make patents easier for judges and juries to find invalid. The Court held that Congress's granting patents a presumption of validity saves patents unless their foes prove a basis for invalidity with "clear and convincing" evidence. Microsoft Corp. v. i4i Ltd. Partnership, No. 10-290 (U.S. June 9…