October 9, 2017

Federal Circuit Court Decisions For Week Ending September 22, 2017

In re Cray Inc., No. 2017-129, (September 21, 2017) (precedential 3-0)

Key point(s):

  • A “regular and established place of business” for purposes of venue under 28 U.S.C. §1400(b) requires at least: (1) a physical place in the district; (2) that is a regular and established place of business; and (3) the place must be a place of the defendant.
  • An employee merely working remotely from his home in the district, without more, is not enough to show a regular and established place of business for venue purposes under §1400(b).

NFC Technology, LLC, v. Matal, Director of the USPTO, No. 2016-1808, (September 20, 2017) (precedential, 3-0) Patent No. 6,700,551

Key point(s):

  • Under the rule of reason, evidence corroborating an inventor’s testimony must be considered as a whole, not individually. The goal of the analysis is to determine whether the inventor’s story is credible.

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