Federal Circuit Summaries For Week Ending June 24, 2022
Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. , No. 21-1070 (Jun. 21, 2022) (precedential) (2- 1); Patent No(s). 9,187,405
• For a negative claim limitation, the specification must disclose something that conveys to a POSA that the inventor intended the exclusion of the element, such as a discussion of disadvantages or alternatives.
Golden Eye Media USA, Inc. v. Evo Lifestyle Products Ltd, No. 21-2096 (Jun. 22, 2022) (nonprecedential); Patent No(s). D779,828
• The availability of an alternative design is an important, if not dispositive, factor to the legal determination of the “functionality of a claimed design.”
Centripetal Networks, Inc., v. Cisco Sys. Inc., No. 21-1888 (Jun. 23, 2022) (precedential) (3-0); Patent No(s). 9,203,806, 9,560,176, 9,686,193, and 9,917,856
• Placement of stock (valued at $4,687.99) in a blind trust does not constitute divestment of a known financial interest under 28 U.S.C. § 455(f).
• Vacating a $2.75 billion judgment is appropriate where a judge fails to recuse himself under § 455(b) or divest himself of a known financial interest under § 455(f).