Publications & Media

Federal Circuit Court Decisions For Week Ending January 11, 2019

WesternGeco L.L.C. v. ION Geophysical Corp., No. 2013-1527, 2014-1121, 2014-1526, and 2014-1528 (1/11/2019) (precedential, 3-0) Patent No. 7,293,520

Key point:

  • Aspects of a damages award may be final/unappealable even when other aspects remain pending/appealable

AC Technologies S.A. v. Amazon.com, Inc., No. 2018-1433 (1/9/2019) (precedential, 3-0) Patent No. 7,904,680

Key point:

  • Due process is not violated where the patentee had additional opportunities to challenge a ground of unpatentability, even if no additional hearing was held on that ground.

Amerigen Pharmaceuticals v. UCB Pharma GMBH., No. 2017-2596 (1/11/2019) (precedential, 3-0) Patent No. 6,858,650

Key point:

  • Listing a patent in the Orange Book may create a cognizable injury to a competitor sufficient to provide standing independent of the prospect of infringement liability under the Hatch-Waxman act.

Realtime Data, LLC v. Iancu., No. 2018-1154 (1/10/2019) (precedential, 3-0) Patent No. 6,597,812

Key point:

  • In the context of a claim construction, “comprising” does not mean that the claim can be read to require additional unstated elements, only that adding other elements to the device or method is not incompatible with the claim.