April 3, 2018

Federal Circuit Court Decisions For Week Ending March 16, 2018

Steuben Foods, Inc. v. Nestle USA, Inc. No. 2017-1290 (March 13, 2018) (3-0, Precedential) Patent No. 6,475,435

Key point(s):

  • Unexpired claims subject to inter partes review are to be given their broadest reasonable construction.

Nestle USA, Inc v. Steuben Foods, Inc. No. 2017-1193 (March 13, 2018) (3-0, Precedential) Patent No. 6,481,468

Key point(s):

  • Collateral estoppel applies to claim construction.
  • The identity of the issues that were litigated determines whether collateral estoppel should apply.

Hologic, Inc. v. Smith & Nephew, Inc., No. 2017-1389 (March 14, 2018) (3-0, Precedential) Patent No. 8,061,359.

Key point(s):

  • A lower level of detail is required to satisfy the written description requirement for predictable arts than for unpredictable arts.

SimpleAir, Inc., v. Google LLC, No. 2016-2738 (March 12, 2018) (3-0, Precedential) Patent Nos. 8,639,838, and 8,656,048.

Key point(s):

  • Under the doctrine of claim preclusion, the filing of a terminal disclaimer in a child patent alone does not automatically indicate that the claims in the child patent would present the same cause of action as the claims in the parent patent.
  • The Kessler doctrine precludes assertions of a patent against post-judgment activity if the earlier judgment held that “essentially the same” accused activity did not infringe that patent.

Intellectual Ventures I LLC, v. Symantec Corp., No. 2017-1814, 1558 (March 15, 2018) (Nonprecedential) Patent Nos. 5,537,533, and 6,598,131.

Key point(s):

  • Claims directed to the abstract idea of backing up data lacked an inventive concept as they invoke conventional computer components that do not function in combination in an inventive manner.

Related Team:

Jessie D. Herrera, Jr.