The Federal Circuit (Stoll, J., joined by Chen and Cunningham, JJ.)affirmed-in part, vacated-in-part, and remanded. The Court vacated the Board’s determination that the broader ranges disclosed in the specification did not provide written description support for the narrower claimed range. “...
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Whether before the US Court of Appeals for the Federal Circuit or the US Supreme Court, appeals require extensive knowledge of the rules governing the forum. And they demand a thorough understanding of both the law and the facts to plainly convey your position and skillfully persuade y...
Pat Murphy
(the same goes for GAO, as wehaveexploredbefore). That is, you have to show that there was a substantial chance you would have received contract award if not for the agency’s mistake. In a recent decision by the Federal Circuit Court of Appeals, it appears that the COFC will have to...
The court has now resumed in-person arguments for the September 2021 court sitting. The list of upcoming arguments at the Federal Circuit is available on the court’swebsite. Live streaming audio is available on the Federal Circuit’s newYouTube channel. Connection information is posted on the...
Whether the on-sale bar applies is a question of law based on factual findings, so the lower court’s factual findings were reviewed with deference, but the ultimate legal question was reviewed de novo by the Federal Circuit. The Court traced the history of the on-sale bar and how it was...
The PTAB excluded the manuals from evidence, but the Federal Circuit reversed. The parties disputed whether ten customers or "over forty" received the manuals, but the court deemed the exact number immaterial, since "[n]o minimum number of occasions of access is dispositive...
2014 TRADEMARK LAW DECISIONS OF THE FEDERAL CIRCUIT American University Law ReviewGELCHINSKY, JONATHAN M.
Findlaw has a very useful resource for those of you who practice in federal court--commonly used forms for use in the Second Circuit Court of Appeals. And, the best part is that they're free. Of course, the list of forms is not exhaustive, but it's worth keeping in mind. ...