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In Re Gopalan, No. 2019-2070 (April 13, 2020) (nonprecedential); Patent Application Serial No. 13/926,096 Key point(s):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