November 4, 2022

Federal Circuit Summary for Week Ending November 4, 2022

Uniloc 2017 LLC v. Google LLC, No. 2021-1498; (November 4, 2022) (precedential) (3-0); Patent Nos. 6,628,712; 6,952,450; 7,012,960; 8,407,609; 8,949,954; 9,564,952; 6,349,154; 8,194,632; 6,473,114; 6,253,201; and 6,366,908

Key point(s):

  • An irrevocable license can be terminated by mutual agreement.
  • A right “which by its nature survives” termination must have something inherent in the right such that it survives.

Uniloc USA, Inc. v. Motorola Mobility LLC, No. 2021-1555; Uniloc 2017 LLC v. Blackboard Inc., No. 2021-1795 (November 4, 2022) (precedential) (3-0); Patent Nos. 6,161,134; 6,324,578; and 7,069,293

Key point(s):

  • When the first time collateral estoppel can be raised is on appeal, there is no bar to raising collateral estoppel for the first time on appeal.
  • A business decision to settle a case does not moot future collateral estoppel based on an unappealed court decision.

Finjan LLC v. ESET, LLC, ESET Spol. S.R.O., No. 2021-2093 (November 1, 2022) (precedential) (3-0); Patent Nos. 6,154,844; 6,804,780; 8,079,086; and 9,189,621

Key point(s):

  • The use of a restrictive term in an earlier patent or patent application does not reinstate that term in a later patent or patent application that purposely deletes the term, even if the earlier patent or patent application is incorporated by reference.

Related Team:

Daniel McGovern