July 16, 2020

Federal Circuit Court Decisions For Week Ending April 17, 2020

In Re Gopalan, No. 2019-2070
(April 13, 2020) (nonprecedential); Patent Application Serial No. 13/926,096

Key point(s):

  • Claims focused on using
    mathematical algorithms to analyze information are directed to an abstract
    idea because the invention is a process of gathering and analyzing
    information and displaying results, not a particular inventive technology for
    performing those functions.

O.F. Mossberg & Sons,
Inc. v. Timney Triggers, LLC,
2019-1134 (April 13, 2020) (precedential) (3-0); Patent No. 7,293,385

Key point(s):

  • A defendant cannot recover an
    attorney fee award under 35 U.S.C. § 285 where the plaintiff voluntarily
    dismissed its patent infringement case under Rule 41(a)(1)(A)(i).

Stratus Networks, Inc. v.
UBTA-UBET Communications, Inc.,
2019-1251 (April 14, 2020) (precedential) (3-0); TTAB No. 91214143

Key point(s):

  • The absence of explicit
    findings on particular
    DuPont factors used by the Board to assess whether
    there is a likelihood of confusion does not give rise to reversible error where
    the record demonstrates that the Board has considered the factor and
    corresponding arguments and evidence.

Ericsson Inc. v. TCL
Communication Technology
, No.
2018-2003 (April 14, 2020) (precedential) (2-1); Patent No. 7,149,510

Key point(s):

  • The issue of patent
    eligibility under § 101 may be preserved for appeal even if not raised for
    decision or mentioned in the district court’s final judgment if there is an
    “effective grant of summary judgment” in favor of the non-moving party.

Spigen Korea Co., Ltd. v.
Ultraproof, Inc.
, Nos.
2019-1435, 2019-1717 (April 17, 2020) (precedential) (2-1); Design Patent Nos.
D771,607, D775,620, and D776,648

Key point(s):

  • Summary judgment of
    obviousness is not proper where there is a genuine dispute that a primary
    reference might not be “basically the same” as an asserted design patent.

CardioNet, LLC v.
InfoBionic, Inc.,
2019-1149 (April 17, 2020) (precedential) (2-1); U.S. Patent No. 7,941,207

Key point(s):

  • Advantages provided in a
    patent’s written description may be used to show that a claimed invention is
    drawn to a technological improvement and not to an abstract idea under
    step one. 

Related Team:

Steven E. Roberts