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Pardon Me? Why Your Assets Might Not Be So Lucky
. . . So the government’s theory that civil asset forfeiture is “pardon proof” remains untested and unresolved . . . . I. Introduction ...
York Faulkner
Feb 11, 202512 min read
No Drug? No Dice! Clarifying Orange Book Eligibility for Drug-Device Patents
. . . Viewed in this light, the court’s extended analysis of “drug” versus “device” components of an approved drug product may thus...
York Faulkner
Dec 24, 202415 min read
Combining References in IPRs: Lessons from the Federal Circuit’s Latest Rulings
. . . On appeal, the Federal Circuit upheld the Board’s determination that background prior art like Cline could not supply a missing...
York Faulkner
Dec 22, 20246 min read
Speaking Too Soon: How an Early Price Quotation Cost Crown a Patent
. . . “ These add-ons are for accessory items, not the basic necking machine itself . . . .” Introduction In Crown Packaging Technology,...
York Faulkner
Dec 17, 20247 min read
When Inherency Meets Obvious-to-Try: How Cytiva v. JSR Clarifies the Patent Obviousness Analysis
. . . The Federal Circuit explained how these two cases provide important guideposts . . . . In Cytiva BioProcess R&D AB v. JSR Corp....
York Faulkner
Dec 13, 20248 min read
Philip Morris Smokes Healthier Choices in IPR: The Federal Circuit Weighs in on Negative Claim Limitations
. . . In other words, silence is not disclosure and fails to provide sufficient support for a negative claim limitation . . . . ...
York Faulkner
Nov 29, 20245 min read
In Vivo Production and Patent Infringement—An Issue of First Impression in Japan’s IP High Court
. . . These issues appear to be questions of first impression in Japan, the resolution of which will significantly shape the scope and...
York Faulkner
Oct 8, 20247 min read
Taxation of Tip Income—The Untold Story
In this case, the U.S. District Court for the District of Nevada ruled in favor of Wendell Olk, a craps dealer, determining that tokes...
York Faulkner
Sep 20, 202412 min read
WARF v. Apple Reaffirms Kessler Doctrine: Protecting Products from Duplicative Patent Litigation
. . . Indeed, the doctrine was established to fulfill a purpose related to, but distinct from, claim preclusion . . . . Introduction ...
York Faulkner
Sep 8, 202414 min read
When Patent Term Adjustment Meets Obviousness-Type Double Patenting: New Insights from Allergan v. MSN
. . . In this case, the district court was confronted with just such a situation. There was no dispute that the asserted ’356 patent had...
York Faulkner
Aug 22, 202414 min read
Secrets Can’t Save Patents: The Federal Circuit’s Latest Ruling on the On-Sale Bar
. . . There, the Supreme Court held that “when Congress reenacted the same [on-sale] language in the AIA, it adopted the earlier judicial...
York Faulkner
Aug 16, 20248 min read
Trademark Law and the Unlawful Use Doctrine: The Federal Circuit Confirms—the Doctrine is a Defense to Trademark Infringement
. . . The Federal Circuit emphasized that the district court’s “blanket rejection of the unlawful use defense” was unfounded . . . . ...
York Faulkner
Aug 15, 20247 min read
Unjustified Sealing of Indictment Leads to Reversal of Criminal Conviction in United States v. Boswell
. . . In such circumstances, sealing the indictment “would undermine the purpose of having a statute of limitations at all.” Introduction...
York Faulkner
Aug 14, 202410 min read
From Abstract Ideas to Inventive Concepts: Navigating Alice's Wonderland of Software Patents
. . . " The Federal Circuit rejected that assertion noting that Mobile Acuity’s alleged “inventive concept” is merely “part of the...
York Faulkner
Aug 11, 20247 min read
Who’s in Control? Federal Circuit Requires Patent Licensor to Join Suit
Noting that the patent license expressly granted Ridge the exclusive right to make, use, and sell . . . , the Federal Circuit instead...
York Faulkner
Aug 8, 20247 min read
The Defend Trade Secrets Act: Key Takeaways from the Federal Circuit’s Insulet v. EOFlow Decision
… According to the district court, the “mere possibility” of reverse engineering could not defeat Insulet’s trade secret claims, and...
York Faulkner
Jun 24, 20247 min read
Beteiro LLC’s Patent Gamble: A Busted Hand Against Section 101
. . . This body of precedent offers a smorgasbord of legal authority for advocates on either side of a Rule 12(b)(6) or Rule 56...
York Faulkner
Jun 22, 20246 min read
An Aggregation of Errors: How Zircon Failed to Prove Domestic Industry
“. . . Zircon stumbled, however, in demonstrating the scope of its investments in that specific subset of protected products, thereby...
York Faulkner
May 16, 20248 min read
The Personal Jurisdiction Pitfall When Unleashing Amazon’s “APEX” Patent Predator
. . . Here, the APEX Agreement directed to SnapPower in Utah threatened automatic consequences (the proactive removal of Amazon sales...
York Faulkner
May 11, 20247 min read
When it Should Be Obvious that “You Don’t Know What You Don’t Know”—Salix v. Norwich
“The outcome of this issue may yet prove controversial, as both the district court and the Federal Circuit arguably neglected established...
York Faulkner
Apr 21, 202415 min read
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