September 9, 2022

Federal Circuit Summary For Week Ending September 9, 2022

Arendi S.A.R.L. v. LG Electronics., No. 2021-1967 (September 7, 2022) (precedential) (3-0); Patent No(s). 7,917,843

Key point(s):

  • A plaintiff cannot circumvent its own failures to comply with local discovery rules by filing
    a second lawsuit with a complaint alleging infringement of the same patent by the same

Hyatt v. PTO, No. 2021-2324 (September 8, 2022) (precedential) (3-0); Patent App No. 08/435,938

Key point(s):

  • Inaction may be considered an action under the Rule 129 that generally prohibits restriction requirements in URAA-transitional applications.

Golden v. Apple, Nos. 2022-1229 and 2022-1267 (September 8, 2022) (nonprecedential); Patent Nos. 10,163,287, 9,589,439, and 9,069,189.

Key point(s):

  • The doctrine of res judicata prevents a plaintiff from re-litigating the sufficiency of a previously dismissed complaint by filing a new complaint.
  • In patent cases, a plaintiff must plead enough facts to raise a reasonable expectation that discovery will reveal that the defendant is liable for the misconduct alleged.

Apple Inc., v. MPH Technologies, No. 2021-1355, 2021-1356 (September 8, 2022) (nonprecedential); Patent No. 7,620,810; 7,937,581

Key point(s):

  • In inter partes review, the petitioner is the master of its complaint and is entitled to judgement on the claims it actually raises, but not on those it merely wishes to raise.

In re Smith, No. 2022-1310 (September 9, 2022) (nonprecedential); Patent App. No. 14/789,244

Key point(s):

  • Claims directed to the mere collection and analysis of data, without more, are patent ineligible

Related Team:

Sammy Samman

Patent Agent

John Johannes