May 26, 2022

Federal Circuit summaries For Week Ending April 29, 2022

Nichia v. Document Security Systems, Nos. 2020-2261, 2020-2287 (April 26, 2022) (nonprecedential); Patent No(s). 7,524,087

Key point(s):

A showing that a claim limitation is disclosed in the prior art, in view of the Board’s conclusion to the contrary, serves as a basis for demonstrating clearly erroneous fact finding qualifying as an abuse of discretion.

Sunoco v. U.S. Venture, Inc., No. 2020-1640, 2020-1641 (April 29, 2022) (precedential) (3-0); Patent No. 7,032,629; 6,679,302; 9,494,948; and 9,606,548

Key point(s):

An on-sale bar may be triggered when testing of an invention occurs to effectuate a sale of the invention rather than the sale occurring to occasion the testing of the invention.

Auris Health v. Intuitive Surgical Operations, No. 2021-1732 (April 29, 2022) (precedential) (2-1); Patent No. 8,142,447

Key point(s):

Generic industry skepticism cannot, standing alone, preclude a finding of motivation to combine

Related Team:

John Johannes