January 19, 2024

Federal Circuit Summary for Week Ending January 19, 2024

CyWee Group Ltd. v. ZTE (USA), Inc., No. 2021-1855 (January 18, 2024) (precedential) (3-0); Patent No. 8,441,438

Key point:

  • A party that joins in an IPR may present new arguments opposing patentability of new claims subject to review, if the initial Requestor does not oppose the new claims.

Roku, Inc. v. ITC, No. 2022-1386 (January 19, 2024) (precedential) (3-0); Patent No. 10,593,196

Key points:

  • Patent rights must be assigned in a “present conveyance.”
  • Engineering and R&D expenditures in a patented technology can satisfy the economic prong of the domestic industry requirement in a Section 337 action.

Related Team:

Aaron Perkins