Publications & Media

Federal Circuit Court Decisions For Week Ending August 23, 2019

Grecis v. Samsung Electronics America, Nos. 2019-1019 (August 20, 2019) (nonprecedential); Patent No. 8,533,860

Key points:

  • For a computer-implemented means-plus-function term, the corresponding structure is typically the algorithm disclosed in the specification for performing the claimed function.
  • Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-1584 (August 21, 2019) (precedential) (3-0); Patent No. 8,821,541

    Key point:

    • Even if the issuance of a patent pre-dates the AIA, the application of IPR to the patent does not violate the patent owner’s procedural rights.
    • The mere fact that the Board did not use the exact language of the petition for IPR in the final written decision of the IPR does not mean that the Board changed theories in a manner that violated the patent owner’s procedural rights.

    Chamberlain Group, Inc. v. Techtronic Industries Co., No. 2018-2103, 2018-2228 (August 21, 2019) (precedential) (3-0); Patent No. 7,224,275, 7,635,966

    Key point:

    • When a prior art reference discloses separate embodiments, the relevant question for whether the embodiments may be combined for anticipation is whether the reference is sufficiently clear in disclosing the combinability of those embodiments.