Federal Circuit Court Decisions For Week Ending March 20, 2020
Hafco Foundry And Machine Co. v. GMS
, No. 2018-1904 (March 16, 2020) (precedential)(3-0 (1
concurring in part and dissenting in part)); Design Patent No. D681,684
Boehringer Ingelheim v. Mylan Pharmaceuticals Inc., No. 2019-1172 (March 16, 2020) (nonprecedential); Patent Nos.
8,853,156; 9,173,859; and 8,673,927
Intellectual Ventures I LLC v. Unified Patents, LLC , No. 2018-2308 (March 17, 2020) (nonprecedential); Patent No. 6,775,745
- New arguments cannot be first raised at the oral hearing in an IPR; and
- Procedural violation issues not raised during IPR cannot be raised during appeal.
Illumina, Inc. v. Ariosa Diagnostics, Inc. , No. 2019-1419 (March 17, 2020) (precedential)( 2-1); Patent Nos. 9,580,751 and 9,738,931
- Methods of preparation, unlike diagnostic cases, may be subject-matter eligible; and
- Process steps that change a composition of a mixture, resulting in a DNA fraction that is different from the naturally-occurring fraction, based on conventional techniques, are not invalid under 35 U.S.C. § 101 as directed to an ineligible natural phenomenon.
Facebook, Inc. v. Windy City Innovations, LLC. , Nos. 2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537, 2018-1540, 2018-1541 (March 18, 2020) (precedential)( 3-0); Patent Nos. 8,458,245; 8,694,657; 8,473,552; and 8,407,356
- In an IPR, § 315(c) does not authorize same-party joinder, i.e., does not allow a petitioner who has filed an IPR petition to join its own, earlier IPR petition; and
- In an IPR, § 315(c) does not authorize issue joinder, i.e., does not allow joinder that would introduce new issues material to patentability, such as new patent claims or new grounds for cancellation.