Publications & Media

Federal Circuit Court Decisions For Week Ending January 26, 2018

In re Janssen Biotech, Inc., No. 2017-1257 (January 23, 2018) (precedential) (3-0) Patent No. 6,284,471

Key point:

  • A patent owner cannot retroactively bring a continuation-in-part (CIP) patent within the scope of 35 U.S.C. § 121 during reexamination by removing the new matter and designating it as a divisional application.

Arthrex, Inc. v. Smith & Nephew, Inc., No. 2017-1239 (January 24, 2018) (precedential) (2-1) Patent No. 8,821,541

Key point:

  • The PTAB may enter an adverse judgment against a patent owner even when the patent owner disclaims all challenged claims after an IPR petition has been filed but before an institution decision.

MaxLinear, Inc. v. CF Crespe LLC, No. 2017-1039 (January 25, 2018) (precedential) (3-0) Patent No. 7,075,585

Key point:

  • Final written decisions by the PTAB invalidating a patent can have a preclusive effect.

Core Wireless Licensing v. LG Electronics, Inc., Nos. 2016-2684, 2017-1922 (January 25, 2018) (precedential) (2-1) Patent Nos. 8,713,476 and 8,434,020

Key point:

  • Claims directed to summarizing and presenting information on display interfaces for electronic devices are patent eligible under 35 U.S.C. § 101 when they are directed to a specific improvement over prior systems rather than an abstract idea.