October 14, 2016

Federal Circuit Court Decisions For Week Ending September 16, 2016

Dynamic 3D Geosolutions LLC v. Schlumberger Ltd., No. 2015-1628, 2015-1629 (September 12, 2016) (precedential) (3-0) Patent No. 7,986,319

Key point(s):

  • In-house counsel may be disqualified based on imputed conflicts and outside counsel may be disqualified based on communication of confidential information.

Stryker Corp. v. Zimmer, Inc., No. 2013-1668, (September 12, 2016) (precedential) (3-0), Patents No. 6,022,329, 6,179,807, and 7,144,383

Key point(s):

  • Subjective willfulness of a patent infringer, intentional or knowing, may warrant enhanced damages at the discretion of the court.

McRo, Inc. v. Bandai Namco Games America Inc., et al., No. 2015-1080, (September 13, 2016) (precedential) (3-0), Patents No. 6,307,576 and 6,611,378

Key point(s):

  • Automating processes in a specific and different way than prior art processes is not necessarily an abstract idea under the first step of the Alice framework.

Wi-Fi One, LLC. v. Broadcom Corp., No. 2015-1944 (September 16, 2016) (precedential) (3-0) Patent No, Patent No. 6,772,215

Key point(s):

  • Decisions by the Board as to whether a party is in privity with another involved in litigation for purposes of the inter partes review time bar are not reviewable.

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