October 18, 2022

Federal Circuit Summary for Week Ending September 30, 2022

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC., No. 21-1942 (September 27, 2022) (precedential) (3-0); Patent No. 6,997,089

Key point(s):

  • The Administrative Procedure Act (“APA”) requires the PTAB to explicitly address
    patentability arguments, and not merely adopt a counterparty’s arguments without explanation.
  • It is insufficient for the PTAB to address arguments based on a combination of references
    by analyzing only a single reference from the combination.

COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC., No. 21-2167 (September 28, 2022) (precedential) (3-0); Patent No. 9,432,452

Key point(s):

  • Useful improvements to computer networks are patentable under 35 U.S.C. § 101 regardless of whether the network is comprised of standard computing equipment.

MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP., No. 21-2121 (September 29, 2022) (precedential) (3-0); Patent No. 7,326,708

Key point(s):

  • A class of 957 members, some of which may not even form under experimental conditions, is insufficient to meet the ‘at once envisage’ standard for anticipation.

Related Team:

Eric Moore