October 13, 2023
Federal Circuit Summary for Week Ending October 13, 2023
Golden v. Qualcomm Incorporated, No. 2023-1818 (October 10, 2023) (nonprecedential); Patent Nos. 9,589,439, 9,096,189, 10,163,287, and 10,984,619
Key points:
- To plead a claim for direct infringement, a plaintiff must clearly identify which specific claims of the asserted patents are being infringed and/or clearly identify which of defendant’s products infringe the asserted patents.
- To plead antitrust injury, a party must allege that it suffered the type of injury that antitrust laws were designed to prevent.
Sony Interactive Entertainment LLC v. Intellectual Pixels Limited, No. 2022-2118 (October 13, 2023) (nonprecedential); Patent No. 10,681,109
Key points:
- A prior art reference asserted under §103 does not necessarily have to enable its own disclosure (i.e., be self-enabling to be relevant to the obviousness inquiry).
- Even if a reference discloses an inoperative device, it is prior art for all that it teaches. A reference must be considered for everything that it teaches, not simply the described invention or a preferred embodiment.
Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (October 13, 2023) (precedential) (vote 2-1); Patent Nos. 8,677,494, 6,154,844, 6,804,780, 7,613,926, (“Downloadable Patents”) and 8,225,408 (“ARB Patent”)
Key points:
- If a court reverses or vacates a judgment upon which a collateral estoppel decision is based, then collateral estoppel can no longer apply based on that decision.
- Parties on appeal are not permitted to raise claim construction arguments challenging a stipulated construction.