Litigation + Dispute Resolution

Publications & Media

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

Key point(s):

  • 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

Key point(s):

  • 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.

Key point(s):

  • 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.

Key point(s):

  • 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Intellectual Ventures I LLC, v. Symantec Corp., No. 2017-1814, 1558 (March 15, 2018) (Nonprecedential) Patent Nos. 5,537,533, and 6,598,131.

Key point(s):

  • 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.