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Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD - Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding...more

Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes.  Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION - Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission. Summary: An invalidity challenge, raised after the...more

Remands Under Arthrex Limited to Final Written Decisions Issued Prior to Arthrex

CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Remand of an IPR based on Arthrex is not justified where the final written...more

Stay of District Court Proceedings Followed by a Voluntary Dismissal Is Not a Final Court Decision Under 35 U.S.C. § 285

O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC - Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal,...more

Stated Purpose of Invention May Limit Claim Scope

KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE - Judges: Newman,...more

Inducing Delay: When a Court Can Deviate From the First-To-File Rule

Communications Test Design, Inc. v. Contec, LLC - Before O’Malley, Mayer, and Wallach. Appeal from the Eastern District of Pennsylvania. Summary: Filing a declaratory judgment action in the midst of ongoing licensing...more

Disclaimer Not Required for Prosecution History to Limit Claim Scope

PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC - Before Reyna, Taranto and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Prosecution history evidence need not rise to the level of disclaimer to...more

PTAB Cannot Institute IPR on PTAB-Created Grounds

KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC - Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board. Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board...more

Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally...

FOX FACTORY, INC. v. SRAM, LLC - Before Prost, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board (PTAB). Summary:  When a commercial product contains unclaimed features, a presumption of nexus between...more

Single-Entity Requirement for Infringement Under § 271(a) Does Not Apply to § 271(g)

SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC - Before Reyna, Taranto, and Stoll.  Appeal from the U.S. District Court for the Middle District of North Carolina. Summary: Infringement under § 271(g) does not require a...more

Avoiding Ineligibility by Claiming a Specific Implementation That Improves upon the Prior Art

KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH - Before Dyk, Chen, and Stoll.  Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more

PTAB Required to Provide Interpretation of Regulation Concerning Determination of Which Patents Qualify for CBM Review

SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary: The language “unobvious over the prior art” in...more

Disclaimed Patent Claims Fail to Give Rise to an Article III Case or Controversy

SANOFI-AVENTIS U.S., LLC v. FRESENIUS KABI USA, LLC - Before Lourie, Moore, and Taranto. Appeal from the United States District Court for the District of New Jersey. Summary: District courts lack the authority to...more

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

Patent Claims Reordering Conventional Steps May Be Ineligible Under § 101

SOLUTRAN, INC v. ELAVON, INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota - Summary: Method claims directed to performing conventional steps in a new order...more

Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards

ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC - Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28...more

Rule 19 Joinder Provisions Are Not Optional

LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION - Before O’Malley, Reyna, Chen. Appeal from the Northern District of California. Summary: When a patent assignee does not acquire all substantial rights in...more

E.I. Du Pont De Nemours & Company v. Unifrax I LLC

Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence...more

Personal Web Technologies, LLC v. Apple, Inc.

Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead,...more

Centrak, INC. v. Sonitor Technologies, INC.

Federal Circuit Summary - Before Reyna, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Where the complexity and predictability of a claimed embodiment were...more

Realtime Data, LLC. v. Iancu

Federal Circuit Summary - Before Dyk, Taranto, Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is not required to make any finding regarding a motivation to combine two references when it...more

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more

Arista Networks, Inc. v. Cisco Systems, Inc.

Federal Circuit Summary - Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in...more

Wisconsin Alumni Research Foundation v. Apple, Inc.

Federal Circuit Summary - Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin. Summary: (1) To uphold a jury verdict of infringement, evidence must...more

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