May 10, 2024

Federal Circuit Summary for Week Ending May 10, 2024

Zircon Corp. v. International Trade Commission., No. 2022-1649 (May 8, 2024) (precedential) (3-0); U.S. Patent Nos. 6,989,662, 8,604,771, and 9,475,185

Key point:

  • 19 U.S.C. § 1337 requires plaintiffs to show that “an industry in the United States, relating to the articles protected by the patent . . . exists or is in the process of being established.” To satisfy this requirement, the plaintiff must present evidence that establishes the investment made with respect to each patent at issue. Aggregating evidence with respect to all patents at issue will not be sufficient.

Quectel Wireless Solutions Co. Ltd. v. Koninklijke Philips N.V., No. 2023-1155 (May 9, 2024) (nonprecedential); U.S. Patent No. 7,089,028

Key point:

  • While the Abstract may be useful for interpreting the scope of claim limitations, an ambiguous description in the Abstract will generally be outweighed by a clear contrary description in the specification.

Arunachalam v. International Business Machines Corporation, No. 2022-2121 (May 10, 2024) (nonprecedential)

Key point:

  • The granting of an anti-filing injunction requires “exigent circumstances,” such as extraordinary abuse of judicial process.

Related Team:

Josh Noles