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.