December 22, 2023

Federal Circuit Summary for Week Ending December 22, 2023

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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 LTD., No. 2022-1838 (December 19, 2023) (nonprecedential); Patent No. 9,877,562; 9,578,943; and 9,591,906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 v. Liquidia Tech., Inc., No. 2023-1805 (December 20, 2023) (nonprecedential); Patent No. 10,716,793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In re Elbaum, No. 2023-1418 (December 20, 2023) (nonprecedential); Patent App.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.

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