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The Federal Circuit Reverses and Vacates the District Court’s Dismissal Under Rule 12(b)(6), for not Considering Allegations of Fact That Could Preclude Dismissal

USA - February 14 2018 Appellant Aatrix appealed the District Court’s dismissal under Rule 12(b)(6), in which the District Court considered asserted claims invalid as…

Dragan Plavsic, Gregory L. Porter.

The Federal Circuit Reverses and Vacates Invalidity Determinations by the Board After Lack of Substantial Evidence Supported the Board’s Findings

USA - February 12 2018 Appellant Hodges appealed the Board’s affirmance of the examiner’s rejection of all claims as anticipated and/or obvious. The CAFC reversed the…

Dragan Plavsic, Gregory L. Porter.

Erectile Dysfunction Drug-Patent Found Obvious

USA - November 1 2017 The CAFC will reverse a finding of non-obviousness where key references are missing from a district court’s opinion and mere concerns over…

Susanna P. Lichter.

Patent Claims Directed to Streaming Audio/Visual Data Service Found to Be Ineligible Subject Matter Under 35 U.S.C. § 101.

USA - November 1 2017 Claims directed to a streaming audio/visual data service are ineligible subject matter under 35 U.S.C. § 101 if the claims are only directed to…

Susanna P. Lichter.

Federal Circuit Reverses Finding of Indefiniteness for Claiming Both an Apparatus and a Method

USA - October 30 2017 System claims containing functional language are not indefinite for covering both an apparatus and a method if the claims merely use permissible…

Susanna P. Lichter.