November 2, 2018

Federal Circuit Court Decisions For Week Ending October 26, 2018

FWP IP ApS v. Biogen MA, Inc., No. 2017-2109 (Oct. 24, 2018) (non-precedential); U.S. Patent No. 8,399,514 & U.S. Patent Application No. 11/576,871

Key point(s):

  • Possession of the invention requires more than mere recitation of the elements in the application.

Taser Int’l, Inc., v. Phazzer Elecs., Inc., No. 2017-2637 (October 26, 2018) (non-precedential) Patent No. 7,234,262; Trademark No. 4,423,789

Key point(s):

  • A default judgement entered as part of sanctions may include more than what is asked for in the complaint if the affected party agrees to the judgement.

BASF Corp. v. Enthone, Inc., No. 2018-1095 (Oct. 26, 2018) (non-precedential); U.S. Patent No. 7,303,992

Key point(s):

  • It is appropriate to consider the predictability in the technological field when determining a motivation to combine references.
  • The Board must provide support based on the evidence in the record for why it reaches its conclusions.

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