Federal Circuit Court Decisions For Week Ending May 8, 2020
Uber Technologies, Inc. v. X One, Inc., No. 2019-1164 (May 5, 2020) (precedential) (3-0); Patent No. 8,798,593 Key point(s):
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In re Apple, Inc., No. 2020-115 (April 22, 2020, unsealed May 5, 2020)
(nonprecedential) ; Patent No. 8,380,244
Key point(s):
- A writ of mandamus reversing
the denial of transfer under §1404(a) is proper only when the denial is
patently erroneous and requires the petitioner to establish that the district
court’s decision amounted to a failure to meaningfully consider the merits of
the motion.
Caterpillar Paving
Products Inc. v. Wirtgen America, Inc., Joseph Vogel AG
, No. 2020-1261_(May 6, 2020) (precedential) (3-0);
Patent No. 9,045,871
Key point(s):
- The Arthrex decision
that Administrative Patent Judge (APJ) appointment provisions in the AIA were
unconstitutional is expressly limited to cases where a final written decision was
issued before the panel members became constitutional.
Dionex Softron GmbH v.
Agilent Techs., Inc.
No.
2019-1888 (May 6, 2020) (nonprecedential); Application No. 14/454,577 and
Patent No. 9,435,773
Key point(s):
- When a party challenges written
description support for an interference count or the copied claim, the
originating disclosure provides the meaning of the pertinent claim language.
- When copied claims that are
the subject of an interference proceeding are found indefinite and unpatentable,
the applicant lacks standing to continue the interference proceeding.
Boston Scientific SciMed,
Inc. v. Iancu
, No. 2018-2005
(April 27, 2020, unsealed May 6, 2020) (nonprecedential); Patent No. 8,992,608
Key point(s):
- If two inconsistent
conclusions may be reasonably drawn from the evidence of record, the PTAB’s
decision to favor one conclusion over the other is the epitome of a decision
that must be sustained upon review for substantial evidence.
- A reasonable expectation of
success requirement for obviousness does not necessitate an absolute certainty
for success.
Donghee America, Inc. v.
Plastic Omnium Advanced Innovation and Research.
No. 2019-1733 (May 7, 2020) (nonprecedential); Patent
No. 9,399,326
Key point(s):
- A claim limitation must be
construed in the context of the claim in which it appears.
Eagle Pharmaceuticals
Inc. v. Slayback Pharma LLC
,
No. 2019-1924_(May 8, 2020) (precedential) (3-0); Patent Nos. 9,265,831;
9,572,796; 9,572,797; 10,010,533
Key point(s):
- When a patent discloses but
does not claim alternatives, the unclaimed alternatives are dedicated to the
public and cannot be recaptured via the doctrine of equivalents.
- A party cannot manufacture a
factual dispute using expert testimony when the patents themselves provide
sufficient context to decide the legal issue.
Essity Hygiene and Health
AB v. Cascades Canada ULC, Tarzana Enterprises, LLC
, Nos. 2019-1736 and 2019-1741_(May 8, 2020)
(non-precedential); Patent Nos. 8,597,761 and 9,320,372
Key point(s):
- When a reference states that
a description relates “non-limitingly” to an exemplary embodiment, the
teachings of the reference are not limited to that example.
Essity Professional
Hygiene North America LLC v. Cascades Canada ULC
, No. 2019-1742_(May 8, 2020) (non-precedential);
Patent No. 8,273,443
Key point(s):
- Explaining why a party’s
arguments are not persuasive does not constitute improper burden shifting to
the party.
- The mere age of prior
references is not persuasive of the non-obviousness of the combination of their
teachings, absent evidence that, notwithstanding knowledge of the references,
the art tried and failed to solve the problem.
In re Jobin. No. 2020-1067 (May 8, 2020) (nonprecedential);
Application No. 12/523,427
Key point(s):
- Claims directed to methods of
organizing human activity are a hallmark of claims directed to abstract ideas.
- If the claims at issue are
directed to a patent ineligible concept, the court must consider the elements
of each claim both individually and as an ordered combination to determine
whether the additional elements transform the nature of the claim into a
patent-eligible application.