Already, LLC dba Yums v. Nike, Inc., No. 11-982 (Jan. 9, 2013) U.S. Supreme Court

Key point:

• The case or controversy (standing) required by the Constitution for courts to adjudicate cases no longer exists and the case against a defendant may be dismissed as moot if the defendant is able to show that it is absolutely clear the allegedly wrongful behavior giving rise to the case could not reasonably be expected to recur.

In re Chevalier, No. 2012-1254 (Jan. 7, 2013) (non-precedential)

Key point:

• When a patent claims a prior art structure altered by mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.

In re Avid Identification Sys., Inc., No. 2012-1092 (Jan. 8, 2013) (non-precedential), Patent No. 5,499,017

Key point:

• When the specification does not provide a consistent, explicit definition of a patent term and there are varied uses of the patent term in the specification, the patent term is broadly construed at the PTO to cover all of the varied uses.

Interdigital Commc’n, LLC v. ITC, No. 2010-1093 (Jan. 10, 2013) (precedential)

Key point:

• A patent owner may bring an ITC proceeding to bar importation of infringing products so long as it can show that it has made substantial investment in the exploitation of patent rights through engineering, research and development, and licensing, even though it may not have undertaken production of goods protected by its patents within the US.