Broadband iTV, Inc. v. Amazon.com, Inc., No. 2023-1107_(Sept. 3, 2023) (precedential) (3-0); Patent Nos. 10,028,026, 9,648,388, 10,536,750, 10,536,751, 9,973,825

Key points:

• Merely using a user interface—but not providing an improved structure or function of a user interface—fails to provide a technological solution to a technological problem.
• Elements that merely achieve an abstract idea fail to transform the claims into significantly more than the abstract idea itself.

Tribe of Two, LLC v. Vidal, No. 2023-1193 (Sept. 3, 2024) (nonprecedential); Trademark Registration Nos. 4377523, 5924569

Key point:

• In the DuPont factor analysis for likelihood of confusion, a single factor can be dispositive (here, dissimilarity of marks).

Uniloc 2017 LLC v. Sling TV, L.L.C., No. 2023-1156 (Sept. 4, 2024) (nonprecedential); Patent No. 9,721,273

Key point:

• In order to construe a term or phrase as having a negative limitation (i.e., that the term or phrase excludes certain categories), the negative limitation must have support in the intrinsic evidence.

Osseo Imaging, LLC v. Planmeca USA Inc., No. 2023-1627 (Sept. 4, 2024) (precedential) (3-0); Patent Nos. 6,381,301, 6,944,262, 8,498,374

Key point:

• There is no timing requirement as to when an expert must have acquired the requisite skill level to testify as a POSITA. That is, to testify as a POSITA, the expert need not have obtained the skill level by the date of the patent—the expert may acquire it after.

ParkerVision, Inc. v. Qualcomm Incorporated, Nos. 2022-1755, 2024-2221 (Sept. 6, 2024) (precedential) (3-0); Patent Nos. 6,061,551, 7,218,907, 6,091,940

Key points:

• To determine whether collateral estoppel applies, the court must engage in claim construction and evaluate whether the claims have materially different claim scope.
• An unpatentability decision in an IPR does not collaterally estop a patentee from making validity arguments regarding separate, related claims in district court.
• Under Federal Rule of Evidence 703, an expert may rely on facts or data that the expert has been made aware of without personally conducting testing.