Dickinson v. Zurko, 527 U.S. 150 (1999) requires the Federal Circuit to review the USPTO’s fact-findings under an Administrative Procedures Act (“APA”) standard rather than for clear error, the standard it previously applied to such fact-findings. Id. at 154-65. The Federal Circuit later determined that the correct APA standard was the “substantial evidence”
Judicial Review
Limits on Use of “Common Sense” – Arendi S.A.R.L. v. Apple Inc., et al.,
By Daniel R. McCallum & Nancy J. Linck on
Posted in Appellate Decisions
The Federal Circuit’s precedential opinion in Arendi S.A.R.L. v. Apple Inc., et al., Case No. 2015-2016 (Aug. 10, 2016) is instructive on the limits of “common sense” in an obviousness analysis. The opinion is also an example of what appears to be a growing trend of the Federal Circuit reminding the Board that it must…
Will Proposed Amended Claims Fare Better After The En Banc Hearing in In re Aqua?
By Nancy J. Linck & Derek F. Dahlgren on
Posted in Appellate Decisions
On August 12, 2016, the Federal Circuit agreed to rehear en banc In re Aqua Products, Inc., No. 2015-1177 (Fed. Cir. May 25, 2016) and to stay a petition for rehearing en banc in Prolitec, Inc., v. Scentair Techs, Inc., 807 F.3d 1353 (Fed. Cir. 2015). In both these cases, the Board denied…
Click-To-Call–Still Ringing (For Now)–But Will We Get An Answer On Judicial Review Of PTAB Institution Decisions
By Martin M. Zoltick & Daniel R. McCallum on
Posted in Appellate Decisions
On Monday, June 27, the Supreme Court granted Click-to-Call’s petition for writ of certiorari, vacated the Federal Circuit’s judgment below, and remanded the case “for further consideration in light of Cuozzo Speed Technologies, LLC v. Lee, 579 U. S. ___ (2016).” Click-to-Call Technologies, LP v. Oracle, Corp., No. 15-1014. This so-called “GVR” order…