January 25, 2018

Federal Circuit Court Decisions For Week Ending January 19, 2018

Olaplex LLC v. L’Oréal USA, No. 2017-2295 (Jan. 16, 2018) (non-precedential) U.S. Patent No. 9,498,419

Key point(s):

  • Amended claim language, together with an explanation of the amended claim language, provides a clear and decisive definition of the claim term for claim construction.

In re Theresa, No. 2017-1920 (Jan. 17, 2018) (non-precedential) U.S. Patent Application No. 12/570,827

Key point:

  • Printed symbols bear no functional or structural relationship to labels upon which the symbols are printed and thus cannot form a patentable distinction over prior art.

CAP Export, LLC v. Zinus, Inc., No. 2017-1540 (Jan. 18, 2018) (non-precedential) U.S. Patent No. 8,931,123

Key point:

  • When a patent holder loses a motion for summary judgment of validity, the result should be a trial including on the issue of invalidity, not a judgment of invalidity.

Flexuspine, Inc. v. Globus Medical, Inc., Nos. 2017-1188 and 2017-1189 (Jan. 19, 2018) (precedential) (3-0) U.S. Patent No. 8,931,123

Key point:

  • If the jury fills out the verdict form incorrectly such that the verdict form is in conflict with the jury instructions, it is proper for the trial judge to send the jury back for further deliberation.

Related Team:

Steve VerSteeg