July 1, 2022

Federal Circuit Summaries For Week Ending May 6, 2022

In re ZTE Corp., No. 2022-122 (May 5, 2022) (nonprecedential)

Key point(s):
• Arguments should be addressed in the body of a brief; arguments incorporated in a footnote are not preserved.
• Filing a motion to stay will not necessarily weigh in favor of venue transfer.

Auris Health, Inc., No. 2021-1733 (May 5, 2022) (nonprecedential); Patent No. 6,522,906

Key point(s):
• Arguments regarding obviousness should be specifically addressed. Reliance on arguments of “common sense” or “well known” subject matter may not carry the day.

Halo Elecs., Inc., v. Bel Fuse, Inc. et. al, No. 2021-1861 (May 6, 2022) (nonprecedential)

Key point(s):
• To be considered final, an order regarding damages should specify the amount or the particular method of calculation.

Venkat Konda, v. Flex Logix Techs., Inc., Nos. 2022-1162 and 2022-1163 (May 6, 2022) (nonprecedential); U.S. Patent No. 8,269,523

Key point(s):
• A provisional application can be considered publicly accessible if incorporated by reference into a published application.

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Josh Monaghan