November 21, 2016

Federal Circuit Court Decisions For Week Ending November 11, 2016

SAS Institute, Inc. v. Complementsoft, LLC., Nos. 2015-1346, 2015-1347, November 7, 2016 (Precedential) (10-1) Patent No. 7,110,936

Key point(s):

  • The PTAB may grant partial institution of petitions for inter partes review because 35 U.S.C. § 318(a) only requires the PTAB to address the claims as to which review was granted.

REG Synthetic Fuels, LLC v. Neste Oil Oyj, No. 2015-1773, November 8, 2016 (Precedential) (3-0) Patent No. 8,231,804

Key point(s):

  • Out of court statements used to show conception and/or reduction to practice are admissible when used for a non-hearsay purpose.

AngioScore, Inc. v. TriReme Medical, LLC., et al., Nos. 2016-1126 and 2016-1142, November 8, 2016 (Non-precedential) Patent No. 7,691,119

Key point(s):

  • State law claims that only generally relate to federal claims through a broad dispute and do not share operative facts are insufficient for supplemental jurisdiction.

In re NuVasive, Inc., Nos. 2015-1672 and 2015-1673, November 9, 2016 (Precedential) (3-0) Patent No. 8,187,334

Key point(s):

  • Patentees are entitled to adequate notice and an opportunity to respond to an assertion about a prior art reference.

Schoeller-Bleckmann Oilfield Equipment AG v. Churchill Drilling Tools US, Inc
., No. 2016-1494, November 9, 2016 (Non-precedential) Patent No. 7,866,397

Key point(s):

  • It is inappropriate to construe claim terms as limited to preferred embodiments without a clear intent by the patentee to redefine the term or a clear disavowal of claim scope.

Aleksandr L. Yufa v. TSI, Incorporated, No. 2016-1784, November 9, 2016 (Non-precedential) Patent Nos. 7,573,573, 7,439,855, 6,034,769, 5,969,665, 5,946,091, 5,767,967, and 6,346,983

Key point(s):

  • Courts have the discretion to appoint a receiver where doing so is a reasonable method to obtain a fair and orderly satisfaction of the judgment.
  • A pro se plaintiff’s failure to accept objective reality necessarily results in the pro se plaintiff bearing the expenses the defendant is being forced to pay without good reason.

Related Team:

Kyrie Cameron