Keval Amin
Subscribe to Keval Amin's PostsKeval Amin is a member of the Intellectual Property Practice Group, focusing on various litigation matters involving patents, trademarks, copyright and trade secrets. Read Keval Amin's full bio.
Diamond in the Rough: Federal Circuit Polishes § 101’s Abstract Idea Test
By Keval Amin on Feb 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the Commission’s “loose and generalized” analysis did not adequately consider the specific and technical improvements specified by the claims. US Synthetic Corp....
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Bottling the Truth: Equivalence and Reverse Equivalence
By Keval Amin on Jan 30, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit ruled that the “substantially the same way” comparison in connection with a doctrine of equivalents (DOE) analysis involving a means-plus-function claim limitation should focus on the overall structure corresponding to the claimed function, not on unclaimed structure. Steuben Foods, Inc. v. Shibuya Hoppmann Corp., Case No....
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Motivation MIA? Federal Circuit Sends IPR Back to the Drawing Board
By Keval Amin on Jan 9, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision, finding that the Board erred by failing to explain its holding and reasoning regarding a motivation to combine prior art references. Palo Alto Networks, Inc. v. Centripetal Networks, LLC, Case No. 23-1636 (Fed. Cir. Dec. 16,...
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Neck or Nothing? “Quotation” Invalidates On-Sale Bar
By Keval Amin on Dec 19, 2024
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owner’s “quotation” letter to a third party, concluding it was a commercial offer for sale under pre-America Invents Act (AIA) 35 U.S.C. § 102(b) notwithstanding the patent owner’s reservation of a post-quote acceptance. Crown Packaging Technology,...
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Time’s Up: Fifth Circuit Reinstates Original Judgment in Trademark Dispute
By Keval Amin on Dec 5, 2024
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly contradicting the Fifth Circuit’s earlier decision. In that earlier decision, the Fifth Circuit upheld the district court’s finding of trademark infringement...
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Rewind: Federal Circuit Grants En Banc Rehearing Over Royalty Damages
By Keval Amin on Oct 3, 2024
Posted In Patents
The en banc US Court of Appeals for the Federal Circuit issued a per curiam order vacating its previous panel decision upholding a district court’s denial of the defendant’s motion for a new trial on damages. In that decision, the Federal Circuit found that the plaintiff’s damages expert adequately demonstrated the economic comparability of prior...
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Lower the Red Flags: Flawed Fee Award Flops
By Keval Amin on Sep 5, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a district court decision awarding attorneys’ fees, finding that the district court abused its discretion by failing to properly explain its basis for the fee award. Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Case No. 23-1035 (Fed. Cir. Aug. 23, 2024) (Albright,...
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Jury Trial on Legal Issue Denied, But No Harm Done
By Keval Amin on Aug 29, 2024
Posted In Trade Secrets
The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell Harvest Ltd. v. Trading Techs. Int’l, Inc., Case No. 23-2150 (7th Cir. Aug. 12, 2024) (Kirsch, Pryor, Kolar, JJ.)...
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Digital Rights, Digital Wrongs: The DMCA Lives On
By Keval Amin on Aug 15, 2024
Posted In Copyrights
The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are not unconstitutionally broad. Matthew D. Green, et al. v. United States Department of Justice, et al., Case No. 23-5159 (D.C. Cir....
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Private Sale Means Public Fail
By Keval Amin on Aug 8, 2024
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that a private sale of a product embodying the claimed invention did not qualify as a “public disclosure” under 35 U.S.C. § 102(b)(2)(B). Sanho Corp. v. Kaijet Technology Int’l Ltd, Inc., Case No. 23-1336 (Fed. Cir. July 31,...
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