Author Archive | Peter Keros

Volitional Conduct: an Element of Copyright Infringement

The Ninth Circuit Court of Appeals recently held in Perfect 10 v. Giganews, No 15-5550 (Jan 23, 2017), that an alleged copyright infringer can only be found directly liable if its “volitional conduct” actually causes the infringing activity to happen. Notably, the Court rejected Appellant’s argument that the Supreme Court’s ruling in American Broadcasting v. […]

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Patent Damages Must Be Supported by Substantial Evidence

Judge Gilstrap of the Eastern District of Texas granted a new trial on damages after Core Wireless (“Core”) was awarded a $3.5 million judgment against LG Electronics (“LG”) for infringement of U.S. Patent Nos. 8,434,020 and 8,713,476. Core Wireless Licensing v. LG Electronics, No. 2:14-cv-911-JRG (E.D. Tex. Aug. 23, 2016).  In granting LG’s motion under […]

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Federal Circuit Upholds Claim Construction Limiting Claim Scope to Disclosed Embodiments

The Federal Circuit recently limited construction of patent claims to a scope supported by intrinsic evidence of embodiments disclosed in a patent specification. Ruckus Wireless, Inc. v. Innovative Wireless Solutions, 2016 U.S. App. LEXIS 9786 (Fed. Cir. May 31, 2016). In a 2-1 decision, the panel upheld the district court’s construction of the asserted claims, […]

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Federal Circuit Recognizes Privilege For Patent Agents

The Federal Circuit recently held that there is an independent patent agent privilege, explaining that because prosecuting a patent application before the US Patent and Trademark Office (USPTO) constitutes the practice of law, communications with non-attorney patent agents are privileged. In re: Queen’s University at Kingston, No. 2015-145, 2016 U.S. App. LEXIS 4259 (Fed. Cir. […]

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Federal Circuit Reverses PTAB Claim Construction as Unreasonably Broad

The Federal Circuit recently clarified that the “broadest reasonable interpretation” of claims construed in an inter partes review (“IPR”) must still be “reasonable.” In PPC Broadband, Inc. v. Corning Optical Communications RF, LLC, No. 2015-1564 (Fed. Cir. Feb. 22, 2016), the court vacated and remanded a decision from the Patent Trial and Appeal Board (“PTAB”) […]

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Federal Circuit Provides a Lesson on How Not to Rebut an Obviousness Rejection

Has the Federal Circuit made it more difficult to rebut obviousness rejections by demonstrating that the cited references teach away from the claimed invention? One way to show that references teach away from a claimed invention is to show that a combination of references alleged by the patent examiner would render the prior art inoperable […]

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Patent Claims to Use of Inertial Sensors Fail the Alice Test

The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35 U.S.C. § 101. Thales Visionix, Inc. v. The United States, No. 14-513C (Ct. Cl. July 20, 2015). Accordingly, the […]

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