July 2, 2013

Federal Circuit Decisions for Week Ending June 21, 2013

Levi Strauss & Co. v. Abercrombie & Fitch, No. 2012-1495, -1496 (June 18, 2013) (precedential) (3-0) U.S. Trademark Application Serial No. 78766368

Key point:

  • A final judgment of non-infringement and a voluntary dismissal of a dilution claim do not bar challenges in the PTO based on issue preclusion or claim preclusion.

Novo Nordisk A/S v. Caraco Pharmaceutical Labs. Ltd. , No. 2011-1223 (June 18, 2013) (precedential)(2-1) Patent No. 6,677,358

Key point:

  • It is an error to find a claim obvious before considering all the objective considerations.

Ultramercial, Inc. v. Hulu, LLC,, No. 2010-1544 (June 21, 2013) (precedential) (3-0) Patent No. 7,346,545

Key points:

  • With respect to “abstractness” and the § 101 “process” category, the relevant inquiry is whether a claim, as a whole, includes meaningful limitations.
  • A district court should rarely invalidate a claim under § 101 based on a Rule 12(b)(6) motion and without formal claim construction.

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