August 3, 2017
Federal Circuit Court Decisions For Week Ending July 21, 2017
HTC Corp. v. Cellular Communications Equipment No. 2016-1858 (July 17, 2017) (nonprecedential) Patent No. 7,218,923 (‘923 patent)
Key point(s):
- Prior art showing actions performed by a single software component does not invalidate claims that require at least some of the actions be performed by an intermediary software component.
Millennium Pharmaceuticals v. Sandoz, Inc., No. 2015-2066, 2016-1008, 2016-1009, 2016-1110, 2016-1283, 2016-1762 (July 17, 2017) (precedential, 3-0) Patent No. 6,713,446 (‘446 patent)
Key point(s):
- A general teaching of a process does not render obvious a claim directed to a new compound formed by performing the process using specific compounds in a manner that achieves unexpected results.
NobelBiz, Inc. v. Global Connect LLC, No. 2016-1104, 2016-1105 (July 19, 2017) (nonprecedential) Patent Nos. 8,135,122 (‘122 patent) and 8,565,399 (‘399 patent)
Key point(s):
- The trial court has the responsibility to determine the proper scope of the claims, and a determination that a claim term “needs no construction” or “has the plain and ordinary meaning” may be insufficient when the term has more than one “ordinary meaning.”