October 6, 2022

Federal Circuit Summary for Week Ending September 16, 2022

Sawstop Holdings LLC. v. Vidal, No. 2021-1537, 2021-2105 (September 14, 2022) (precedential) (3-0); Patent Nos. 9,522,476, 9,927,796

Key point(s):

  • Patent term adjustment under § 154(b)(1)(C) is available only when an adverse determination of patentability is reversed by the PTAB or a Federal court and at least one claim issued is substantially the same as a claim under a decision in the review.

Polaris Innovations Limited v. Brent, No. 2019-1483 (September 15, 2022) (precedential) (3-0); Patent No. 6,532,505, 7,405,993

Key point(s):

  • The Board will not automatically grant a motion to terminate an IPR based on an
    agreement between the two sides to terminate as part of settling a lawsuit, since it
    depends on where the Board is in the process of reaching a final decision on the merits.
  • Termination is only mandatory if it terminates the participation of the petitioner.

Related Team:

Joe Stevens