December 20, 2017

Federal Circuit Court Decisions For Week Ending December 8, 2017

In Re: Mouttet, No. 2012-2077 (December 8, 2017) (nonprecedential) Patent App. No. 12/007,174

Key point(s):

  • Method claims drawn to use on a specific apparatus are not indefinite for mixing statutory classes
  • Final adjudication of rejections presented in a parent application may be given preclusive effect for child applications with identical claims

Inventor Holdings, LLC. v. Bed Bath & Beyond, Inc., No. 2016-2442_(December 8, 2017) (precedential, 3-0) Patent No. 6,381,582

Key point(s):

  • Patent owner has responsibility to continuously assess infringement case in view of new controlling law

Arctic Cat Inc., v. Bombardier Recreational Products Inc., No. 2017-1475_(December 7, 2017) (precedential, 3-0), Patent Nos. 6,568,969 and 6,793,545

Key point(s):

  • Accused infringer has initial burden of production to identify products it believes are unmarked, then, burden shifts to patentee to prove unmarked products identified do not practice the invention

CRFD Research, Inc. v. Matal, No. 2016-2198, 2016-2298, 2016-2437_(December 5, 2017) (precedential, 3-0) Patent No. 7,191,233

Key point(s):

  • Appellant is unfairly prejudiced when PTAB bars arguments as redundant if such arguments are expressly incorporated into other instituted grounds of unpatentability
  • Appellant may raise issue of obviousness in view of a single reference if IPR was instituted on other obviousness grounds including the single reference and expressly incorporated arguments into the instituted obviousness grounds

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