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Federal Circuit Court Decisions For Week Ending April 17, 2020

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In Re Gopalan, No. 2019-2070 (April 13, 2020) (nonprecedential); Patent Application Serial No. 13/926,096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