April 12, 2024

Federal Circuit Summary for Week Ending April 12, 2024

Sonos v. ITC, Nos. 2022-1421, 2022-1573 (April 8, 2024) (nonprecedential); Patent Nos. 10,439,896, 9,195,258, 9,219,959, 10,209,953, and 8,588,949

Key point(s):

  • The ITC currently has authority to stop importation of accused products that infringe only after being imported into the US.

Avago Technologies International Sales PTE. Limited v. Netflix Inc., 2022-2147 (April 12, 2024) (nonprecedential); Patent No. 8,270,992

Key point(s):

  • The context of how a term is used in a claim may be used to construe the term.

Salix Pharmaceuticals, LTD. v. Norwich Pharmaceuticals Inc., No. 2023-1151 (April 11, 2024) (precedential) (2-1); Patent Nos. 8,309,569, 10,765,667, 7,612,199, 7,902,206, 8,624,573, 9,421,195, 10,335,397

Key point(s):

  • 35 U.S.C. § 271(e)(4)(A) requires postponing the effective date of the entire Abbreviated New Drug Application (“ANDA”) even if some indications are not the source of infringement.

GUI Global Products LTD. v. Samsung Electronics Co. LTD., 2022-2156, 2022-2157, 2022-2158, 2022-2159 (April 11, 2024) (nonprecedential); Patent Nos. 10,259,020, 10,259,021, 10,562,077, 10,589,320

Key point(s):

  • Minor inconsistencies in separate written decisions are not enough to overturn a decision under the Administrative Procedures Act where the decisions are otherwise supported by the evidence.

Luv N’ Care, LTD. v. Laurian, No. 2022-1905, 2022-1970 (April 12, 2024) (precedential) (3-0); Patent Nos. 9,462,903, D745,327

Key point(s):

  • Unclean hands is a viable defense to patent infringement.

Related Team:

Grant Davis

Associate