Synopsys, Inc. v. Mentor Graphics Corp., No. 2015-1599, 2015-1599, October 17, 2016 (Precedential) (3-0) Patent Nos. 5,530,841, 5,680,318, and 5,748,488

Key point(s):

• When a method claim does not require any computer implementation and can be performed mentally or with pencil and paper, the claim is more likely to be an “abstract idea” under the first step of the Alice test, and more likely to be construed as containing no technical advance in computer functionality under the second step of the Alice test.

In re Constantine Efthymiopoulos, No. 2016-1003, October 18, 2015 (Precedential) (2-1) Patent Application No. 08/737,141

Key point(s):

• To overcome an obviousness rejection by showing an unexpected result based on a particular way of using a known product, showing a statistically significant result obtained from the particular way may be required.

Large Audience Display, LLC v. Tennman Productions, LLC, No. 2015-2040, October 20, 2016 (Non-precedential) Patent No. 6,669,346

Key point(s):

• The PTO’s invalidation of claims asserted in an infringement case alone does not make the case frivolous.
• Attorney fees awarded for a frivolous lawsuit under § 285 should be calculated based on the lodestar method.

Medtronic Inc. v. Robert Bosch Healthcare Systems, No. 2015-1977, -1986, -1987, October 20, 2016 (Precedential) (3-0) Patent Nos. 7,769,605 and 7,870,249

Key point(s):

• A PTAB’s decision to reconsider (terminate) institution of an inter partes review based on lack of requirements under § 312 is not appealable.