March 13, 2019

Federal Circuit Court Decisions For Week Ending March 8, 2019

Xactware Solutions, Inc. v. Eagle View Technologies, Inc., Nos. 2018-1053, 2018-1055, 2018-1056, 2018-1110 (March 7, 2019) (nonprecedential); Patent Nos. 8,825,454, 8,818,770, 8,209,152, 9,135,737

Key point(s):

  • The Federal Circuit will not find reversible error when an issue is not clearly raised before the PTAB
  • Untimely made arguments before the Board are waived, and the Federal Circuit will not find reversible error in the Board not considering such arguments

PersonalWeb Technologies, LLC v. Apple, Inc., No. 2018-1599 (March 8, 2019) (precedential) (3-0); Patent No. 7,802,310

Key point(s):

  • A hypothetical construct, not explicitly supported by a reference, is insufficient to find that the construct is inherent to the reference
  • Inherency requires that a result is the natural outcome of a given operation

Related Team:

Michael Lew