July 29, 2022

Federal Circuit Summary For Week Ending July 29, 2022

American National v. Sleep Number Corporation, No. 2021-1030 (July 25, 2022) (nonprecedential); Patent No(s). 5,904,172; WO96/13947; 5,044,029

Key point(s):

  • Under a substantial evidence standard, a reasonable fact finder could have arrived at the Board’s conclusion that a claim limitation was not met in the IPR.
  • “Prevailing party” is not determined by the success of a single claim remaining patentable if patent owner fails to argue the patentability on a claim determined to be unpatentable.

Realtime Adaptive Streaming v. Netflix, Inc., No. 2021-1484 (July 27, 2022) (precedential)(2-1); Patent No(s). 7,386,046; 8,634,462 (RE46,777); 8,934,535; 9,578,298; 9,762,907; 9,769,477; and 8,054,879

Key point(s):

  • Dismissing a case on the eve of a potentially adverse ruling on the merits and then refiling in a new forum in an attempt to avoid or delay an adverse ruling is impermissible forum shopping.

Vocalife LLC. v. Amazon.com, Inc., No. 2021-1937 (July 28, 2022) (nonprecedential); Patent No(s). RE 47,049

Key point(s):

  • Evidence of a single configuration is not sufficient to satisfy a “plurality of configuration” element. Evidence must prove each element of a claim.

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