Publications & Media

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 Inc., Nos. 2017-2336, -2347 (Nov. 9, 2018) (non-precedential); U.S. Patent No. 6,377,577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NuVasive, Inc. v. Iancu, No. 2017-1666 (Nov. 9, 2018) (non-precedential); U.S. Patent No. 7,691,057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.