Dexter Hamilton
Subscribe to Dexter Hamilton's PostsGame over: No self-help clock reset for mandatory stay request
By Dexter Hamilton on Apr 9, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit held that a respondent in a US International Trade Commission proceeding may not seek a mandatory stay of a companion federal district court case under 28 U.S.C. § 1659(a)(2) by refiling a declaratory judgment action involving the same parties when it missed the mandatory 30-day deadline...
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Not so fast, Daubert: Expert report OK after all
By Dexter Hamilton on Mar 19, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s exclusion of the plaintiff’s damages expert, finding that a proffered royalty base tied to unaccused products may be permissible when supported by a causal connection to the accused technology. The Federal Circuit vacated the resulting orders denying discovery and granting summary judgment...
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Can’t patent idea of using asynchronous data streams during web conferencing
By Dexter Hamilton on Feb 5, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent infringement suit, holding that the asserted web conferencing claims were directed to an abstract idea, lacked any inventive concept, and were therefore not patent eligible under 35 U.S.C. Section 101. US Patent No. 7,679,637 LLC v. Google LLC,...
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Well, well, well: Indefinite claims turn out to be a typo
By Dexter Hamilton on Nov 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court ruling that invalidated patent claims for indefiniteness, finding that the disputed language was a minor clerical error. Canatex Completion Solutions, Inc. v. Wellmatics, LLC, et al., Case No. 24-1466 (Fed. Cir. Nov. 12, 2025) (Moore, Prost, Taranto, JJ.) Canatex sued Wellmatics and...
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Damages? Apportionment among licensed properties is essential, $10 million award reduced to $1
By Dexter Hamilton on Oct 9, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court decision excluding a damages expert’s testimony and reducing a jury’s $10 million damages award to nominal damages. The Court found that the plaintiff failed to put forth evidence from which a jury could reasonably determine damages without speculation. Rex Medical, L.P. v....
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Surprise? Last-minute new theory leads to new trial
By Dexter Hamilton on Sep 18, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial after the defendant introduced a new noninfringement theory on the eve of trial based on test results it previously refused to produce, saying they were not necessary. Magēmā Technology LLC v. Phillips 66, Phillips 66 Co., and...
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Feel the burn: Mechanical improvement is patent eligible under § 101
By Dexter Hamilton on Aug 21, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice step one. PowerBlock Holdings, Inc. v. iFit, Inc., Case No. 24-1177 (Fed. Cir. Aug. 11, 2025) (Taranto,...
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Sound the alarm: Fourth Circuit affirms $190 million verdict based on deceptive trade practices
By Dexter Hamilton on Jul 31, 2025
Posted In Uncategorized
The US Court of Appeals for the Fourth Circuit affirmed a $190 million verdict based on deceptive trade practices, concluding that the district court performed well within its discretion in making the procedural ruling and that the jury verdict was fully supported by the evidence. CPI Security Systems, Inc. v. Vivint Smart Home Inc., Legacy...
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Motivation, expectation of success negate obviousness presumption in overlapping range case
By Dexter Hamilton on Jul 17, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed (on its second review) a district court’s ruling upholding the validity of patent claims related to a long-acting injectable dosing regimen, finding that the presumption of obviousness does not apply automatically and must be grounded in specific factual findings, particularly regarding a skilled artisan’s motivation...
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Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense
By Dexter Hamilton on Jun 18, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or inaction influenced the decision to migrate to the accused system. Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Case No. 23-2267...
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