Federal Circuit Summary for Week Ending December 22, 2023
Ontel Prod. Corp v. Guy A. Shaked Inv. LTD., No. 2022-1838 (December 19, 2023) (nonprecedential); Patent No. 9,877,562; 9,578,943; and 9,591,906
Key point(s):
- An appeal is moot when the issues presented are no longer pending, or when the parties lack a legally cognizable interest in the outcome.
- Vacatur may be in order when mootness occurs through happenstance, but not when mootness is due to settlement.
United Therapeutics Corp. v. Liquidia Tech., Inc., No. 2023-1805 (December 20, 2023) (nonprecedential); Patent No. 10,716,793
Key point(s):
- The pre-AIA standard for public accessibility is whether a person of ordinary skill in the art could access a reference with reasonable diligence and does not require proof of specific receipt by the public.
In re Elbaum, No. 2023-1418 (December 20, 2023) (nonprecedential); Patent App. No. 16/987,031
Key point(s):
- Even if a claimed method provides a practical solution to a problem, the utility of an abstract idea may be insufficient to confer patent eligibility.


