Litigation + Dispute Resolution

Publications & Media

Federal Circuit Court Decisions For Week Ending April 13, 2018

Maxon, LLC v. Funai Corporation, Case No. 2017-2139 (April 9, 2018) (non-precedential) Patent Nos. 8,989,160; 7,489,671; 7,486,649; and 7,171,194

Key point(s):

  • Reciting the application of generic computer elements for their well-understood, routine, and conventional functions does not transform an abstract idea into eligible subject matter under §101.

Baker v. Microsoft Corp., Case No. 2017-2357 (April 9, 2018) (non-precedential) (3-0) Patent Nos. 5,486,001

Key point(s):

  • The meaning of a claim can be limited by statements during prosecution that make clear and unmistakable disavowals of scope.

Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l. Ltd., Case Nos. 2016-2707, 2016-2708 (April 13, 2018) (Precedential) (2-1)

Key Points:

  • Claims of induced infringement under the Hatch Waxman Act require only that a drug would infringe if put on the market and do not require proof of actual direct infringement.

Merck & Cie, Case No. 2017-1960 (April 11, 2018) (non-precedential) Application No. 12/688,034

Key Points:

  • In reviewing a rejection of claims as being obvious, the Board’s findings need not be overturned just because there are different possible and reasonable views of the prior art’s teachings.