September 18, 2018

Federal Circuit Court Decisions For Week Ending August 24, 2018

In re Maatita, No. 2017-2037(Aug. 20, 2018) (precedential 3-0), Design Patent Application No. 29/404,677

Key point(s):

  • A single design application claim can cover multiple embodiments regardless whether asingle drawing or multiple drawings are used.
  • In a design application, a two-dimensional figure can support a claim to a three-dimensional object.

Align Technology, Inc., v. ClearCorrect Operating, LLC, No. 2017-2106 (Aug. 22, 2018) (nonprecedential), Patent No. 6,699,037

Key point(s):

  • The Board must address a party’s arguments regarding the teaching of a prior art reference in its final written decision if the decision is adverse to such party’s arguments.
  • Secondary consideration is one factor in the overall factors determining obviousness.

Large Audience Display Systems, LLC, v. Tennman Productions, LLC, No. 2017-2266 (Aug. 22, 2018) (nonprecedential), Patent No. 6,669,346

Key point(s):

  • The court has broad discretion in determining what is an exceptional case and what are reasonable fees under 35 U.S.C. § 285.
  • Actions by a party in arguing against attorneys fees may be used as a basis to grant an award of attorney fees against such party.

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