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- Indexed articles, last 90 days
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- Aug 31, 2026
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- Jul 6, 2026
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Federal Circuit Says Improper Venue Does Not Bar Ruling on Patent Eligibility (opens the original)
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“Where a motion to dismiss includes both Rule 12(b)(3) and Rule 12(b)(6) grounds—certain judicial-economy considerations actually favor the district court’s approach of deciding both grounds.” – Federal Circuit On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s decision to dismiss a patent infringement suit on both improper venue and patent ineligibility grounds, holding that the district court was not required to stop its analysis after determining t
Federal Circuit Affirms Invalidity of WAG Streaming Media Patent Claims (opens the original)
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“WAG has demonstrated no error by the Board.” – Federal Circuit opinion The U.S. Court of Appeals for the Federal Circuit on Friday, August 7, affirmed a Patent Trial and Appeal Board (PTAB) decision invalidating certain claims of WAG Acquisition, LLC’s patent for a streaming media technology patent as anticipated. Judge Stark authored the opinion of the court. WAG owns U.S. Patent No. 8,327,011 (the ‘011 patent), titled ‘Streaming Media Buffering System,’ which relates to technology for playing
Federal Circuit Affirms PTAB, Rejects Narrow Reading of ‘Running Surface’ in Treadmill Patent Dispute (opens the original)
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“We…reject Woodway’s attempt to recast a factual dispute as a claim construction issue to obtain de novo review.” On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a Patent Trial and Appeal Board (PTAB) decision invalidating claims of Woodway’s treadmill patent after rejecting the patentee’s central argument that the Board had improperly construed the claim term ‘running surface.’ Woodway owns U.S. Patent No. 10,561,884 (the ‘884 patent), which is directed to manually
Magistrate Judge Allows Two Narrow Fraud Theories to Proceed Against APPLE Trademark Registration (opens the original)
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“Though the magistrate judge rejected most of Bertini’s proposed amendments, she concluded that two narrow fraud theories were sufficiently pleaded to permit amendment.” Magistrate Judge Virginia K. DeMarchi in the Northern District of California, San Jose Division, last week granted in part and denied in part a professional trumpet player’s motion for leave to amend his complaint that challenges Apple’s APPLE trademark for entertainment services. Judge DeMarchi concluded that the standard had o
Federal Circuit Finds Representative Claim Error Harmless, Affirms Section 101 Dismissal (opens the original)
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“It is important for courts to resolve any disputes over representativeness and clearly state which claims are, and are not, adequately represented by others.” On July 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the dismissal of Etison LLC d/b/a ClickFunnels’ patent infringement suit against HighLevel Inc., holding the disputed website creation patents claim ineligible subject matter under 35 U.S.C. § 101. While the CAFC found that the district court erred by treating a
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