October 7, 2014

Federal Circuit Decisions for Week Ending September 26, 2014

Benefit Funding Systems v. Advance America Cash, Nos. 2014-1122, -1124, -1125 (September 25, 2014) (precedential) (3-0) Patent No. 6,625,582

Key point(s):

  • Once the PTAB has instituted a CBM review, a district court should not consider whether the PTAB had authority to institute the CBM review when deciding whether to grant a motion to stay parallel litigation.

American Calcar, Inc. v. American Honda Motor Co., Nos. 2013-1061 (September 26, 2014) (precedential) (2-1) Patent Nos. 6,330,497, 6,438,465, 6,542,795

Key point(s):

  • Disclosure of prior art without disclosing related material information in the inventor’s possession may be a basis for inequitable conduct.

In Re Jason Ontjes, No. 2014-1157, (September 25, 2014) (nonprecedential) (3-0) Applicantion No. 12/757,643

Key point(s):

  • A sport theme cover added to a propane tank is obvious over references that teach adding decorative features to tanks having structural similarities with propane tanks.

Richtek Technology Corp. v. ITC, No. 2013-1157 (September 25, 2014) (precedential) (3-0) Patent Nos. 7,315,190, 6,414,470 and 7,132,717

Key point(s):

  • Third party imports of infringing products may result in a violation of a consent order’s knowingly aiding and abetting provision.

Related Team:

Payton Hashemi

Of Counsel