February 18, 2022

Federal Circuit Summaries For Week Ending February 18, 2022

Travel Sentry, Inc. v. Tropp., No. 2021-1908, (February 14, 2022) (non-precedential); Patent Nos. 7,021,537 & 7,036,728

Key point
• To preserve patent eligibility arguments for appeal, patent owner must have raised the argument before the district court.

Zaxcom, Inc. v. Lectrosonics, Inc., Nos. 2020-1350, -1405 (February 18, 2022) (non-precedential); Patent No. 9,336,307

Key point:
• Objective indicia of non-obviousness are entitled to a presumption of nexus when they are commensurate in scope with the claims at issue.

Zaxcom, Inc. v. Lectrosonics, Inc., Nos. 2020-1921, -1922, -1943, -1944 (February 18, 2022) (non-precedential); Patent Nos. 7,929,902 & 8,385,814

Key point:
• A patentee needs to demonstrate a nexus between the claimed invention and objective indicia of non-obviousness such as industry praise and long-felt need.

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