December 17, 2018

Federal Circuit Court Decisions For Week Ending November 9, 2018

Acceleration Bay, LLC v. Activision Blizzard Inc., Nos. 2017-2084, -2085, -2095, -2096, -2097, -2098, -2099, -2117, -2118 (Nov. 6, 2018) (precedential) (3-0); U.S. Patent Nos. 6,829,634, 6,701,344, & 6,714,966

Key point(s):

  • For § 102(a) (pre-AIA) purposes and where indexing of a printed publication is concerned, the question is whether the reference was available to the extent that persons interested and ordinarily skilled in the art, exercising reasonable diligence, can locate it.
  • There is no beneficial purpose to be served by failing to include a transition word in a claim to clearly delineate the claim’s preamble from the body.

Arista Networks, Inc. v. Cisco Sys. Inc., Nos. 2017-1525, -1577 (Nov. 9, 2018) (precedential) (3-0); U.S. Patent No. 7,340,597

Key point(s):

  • Assignor estoppel does not apply in inter partes review proceedings.

Arista Networks, Inc. v. Cisco Sys. Inc., Nos. 2017-2336, -2347 (Nov. 9, 2018) (non-precedential); U.S. Patent No. 6,377,577

Key point(s):

  • Assignor estoppel does not apply in inter partes review proceedings.

NuVasive, Inc. v. Iancu, No. 2017-1666 (Nov. 9, 2018) (non-precedential); U.S. Patent No. 7,691,057

Key point(s):

  • When a patentee presents undisputed evidence that its product is the invention disclosed in the challenged claims, it is error for the Board to find to the contrary without further explanation.

Related Team:

Grant Buchanan, Ph.D.

Associate