Federal Circuit Court Decisions For Week Ending March 16, 2018
Steuben Foods, Inc. v. Nestle USA, Inc. No. 2017-1290 (March 13, 2018) (3-0, Precedential) Patent No. 6,475,435
- Unexpired claims subject to inter partes review are to be given their broadest reasonable construction.
Nestle USA, Inc v. Steuben Foods, Inc. No. 2017-1193 (March 13, 2018) (3-0, Precedential) Patent No. 6,481,468
- Collateral estoppel applies to claim construction.
- The identity of the issues that were litigated determines whether collateral estoppel should apply.
Hologic, Inc. v. Smith & Nephew, Inc., No. 2017-1389 (March 14, 2018) (3-0, Precedential) Patent No. 8,061,359.
- A lower level of detail is required to satisfy the written description requirement for predictable arts than for unpredictable arts.
SimpleAir, Inc., v. Google LLC, No. 2016-2738 (March 12, 2018) (3-0, Precedential) Patent Nos. 8,639,838, and 8,656,048.
- Under the doctrine of claim preclusion, the filing of a terminal disclaimer in a child patent alone does not automatically indicate that the claims in the child patent would present the same cause of action as the claims in the parent patent.
- The Kessler doctrine precludes assertions of a patent against post-judgment activity if the earlier judgment held that “essentially the same” accused activity did not infringe that patent.
Intellectual Ventures I LLC, v. Symantec Corp., No. 2017-1814, 1558 (March 15, 2018) (Nonprecedential) Patent Nos. 5,537,533, and 6,598,131.
- Claims directed to the abstract idea of backing up data lacked an inventive concept as they invoke conventional computer components that do not function in combination in an inventive manner.