This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order denying a petition for a writ of mandamus. Here is the introduction to the opinion and the text of the order.
McRO, Inc. v. Bandai Namco Games America Inc. (Precedential)
McRO, Inc., d/b/a Planet Blue (McRO) brought this case against more than a dozen video game developers (the Developers), alleging that the Developers infringed three method claims of U.S. Patent No. 6,611,278, owned by McRO. The district court held the claims invalid for ineligibility under 35 U.S.C. § 101, but we reversed that holding in McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299 (Fed. Cir. 2016) (McRO I). On remand, the district court ultimately held that the Developers were entitled to summary judgment of noninfringement because the accused products do not practice the claimed methods and to summary judgment of invalidity because the specification fails to enable the full scope of the claims.
McRO appeals. We affirm the judgment of noninfringement. We vacate the judgment of invalidity and remand for the district court to consider any appropriate further proceedings in light of, among other things, the Developers’ offer to withdraw their counterclaims without prejudice. See ECF No. 86.
In re Bodnar (Nonprecedential Order)
Petitioners seek a writ of mandamus asking this court to direct the United States to indicate whether it agrees or disagrees with their calculations regarding real estate lost by erosion “and to provide its own calculations if it disagrees without further delay.” We find that the petitioners have not demonstrated that they satisfy the standard for mandamus relief at this time.
IT IS ORDERED THAT:
The petition for writ of mandamus is denied.