August 4, 2023

Federal Circuit Summary for Week Ending August 4, 2023

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Teradata Corp. v. SAP SE, No. 2022-1286 (August 1, 2023) (nonprecedential); Patent Nos. 9,626,421, 8,214,321, and 7,617,179

Key points:

  • The operative complaint for determining jurisdiction at the Federal Circuit is the live complaint, which can be the amended complaint, not the original complaint.
  • If patent infringement allegations may be brought in a separate action, those allegations do not qualify as compulsory counterclaims.
  • Having some overlap in claims and counterclaims does not make the issues “largely the same” or make the evidence supporting

Realtime Data LLC v. Array Networks Inc., No. 2021-2251 (August 2, 2023) (nonprecedential); Patent Nos. 9,054,728; 8,933,825; 8,717,203; 9,116,908; 7,415,530; 10,019,458; and 9,667,751

Key point:

  • To be eligible under 35 U.S.C. § 101, functional claims (and the associated specification) must identify how the functional results are achieved by limiting the scope of the claims to structures specified at some level of concreteness in the case of a product claim, or to concrete action in the case of a method claim.

Related Team:

J. Mitchell Lowe