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Fed Circ moves Juniper s patent dispute from Waco to California
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(Reuters) - The U.S. Court of Appeals for the Federal Circuit remanded Patent Trial and Appeal Board decisions invalidating two card-game patents on Thursday based on its 2019 ruling in Arthrex Inc. v. Smith & Nephew Inc. that the board’s judges had been unconstitutionally appointed.
The United States Court of Appeals for the Federal Circuit is seen in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly
A three-judge panel remanded the case - as it has several others - for review by a new panel based New Vision Gaming & Development’s argument that its pre-Arthrex panel had been unconstitutionally appointed, but Circuit Judge Pauline Newman said in a partial dissent that the court should have first considered whether the PTAB wrongly disregarded a forum-selection clause signed by New Vision and SG Gaming Inc that may have required the case to be heard in Nevada.
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Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we re gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you know the rest. It s going to be fun.
Before we get to the list, here are a few honorable mentions:
No. 3: Section 101 continues to develop for pharmaceutical and life science patents
In a pair of decisions earlier this year, the U.S. Court of Appeals for the Federal Circuit applied the two-step
Alice framework to life science patents. While the
No. 3: Section 101 continues to develop for pharmaceutical and
life science patents
In a pair of decisions earlier this year, the U.S. Court of
Appeals for the Federal Circuit applied the two-step
Alice
framework to life science patents. While the
Boehringer v.
Mylan ruling felt like a straightforward decision following
Vanda, the later
Illumina v. Ariosa case provided
significant discussion, along with a Circuit Judge Jimmie Reyna
dissent. In that decision, the court ultimately held that while the
claimed methods utilize the natural phenomenon discovered by the
inventors, they employed a physical process step to selectively
remove fragments of cell-free fetal DNA and were therefore patent
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