June 12, 2017

Federal Circuit Court Decisions For Week Ending June 2, 2017

Intellectual Ventures II LLC, v. Motorola Mobility LLC, No. 2016-1361, (May 31, 2017) (Nonprecedential) U.S. Patent No. 7,382,771

Key point(s):

  • Documents created shortly after the critical date of prior art and even undated documents may be relevant to corroborate an inventor’s testimony to demonstrate prior conception.

In Re NuVasive, Inc., No. 2015-1841, (May 31, 2017) (Nonprecedential) U.S. Patent No. 8,016,767

Key point(s):

  • Even under the broadest reasonable interpretation, the Board’s construction cannot be divorced from the specification and the record evidence and must be consistent with the interpretation that those skilled in the art would reach.

Preston v. Nagel, No. 2016-1524, (June 1, 2017) (Precedential) (3-0)

Key point(s):

  • The AIA does not override 28 U.S.C. § 1447(d)’s bar on review of an order to remand a patent case to State court.
  • Although the AIA favors that state law claims and related patent law counterclaims be heard in the same forum, the Federal Circuit nonetheless lacks jurisdiction to review remand decisions that require claims to be pursued separately.

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