October 28, 2022

Federal Circuit Summary for Week Ending October 28, 2022

Trend Micro Inc. v. CUPP Computing AS, No. 2020-2237, 2020-2238, (October 25, 2022) (nonprecedential) Patent Nos. 8,365,272; 9,756,079

Key point(s):

  • An obviousness analysis requires comparing the prior art to the claim as construed, not to narrower limitations.

ABC Corporation I v. Partnerships and Unincorporated Associations, Nos. 2022-1071, (October 28, 2022) (precedential, 3-0); Patent Nos. D737,723; D738,256; D784,195; D785,112

Key point(s):

  • In a design patent infringement analysis, dominant features of the claimed design that are also found in the prior art must be accounted for as a necessary element—but insufficient by itself—for finding infringement.

ABC Corporation I v. Partnerships and Unincorporated Associations, No. 2021-2150, 2021-2277, 2021-2355 (October 28, 2022) (precedential, 3-0); Patent Nos. D737,723; D738,256; D784,195; D785,112

Key point(s):

  • For a preliminary injunction to be applicable to a recently-added or later-added party, the moving party must show that the party was provided adequate notice to prepare for and oppose the injunction.

Related Team:

Aaron Perkins

Associate