This morning, the Federal Circuit issued two precedential opinions in patent infringement cases, along with four Rule 36 summary affirmances of appeals of judgments of the Patent Trial and Appeal Board. Here are the introductions of the opinions and a list of the summary affirmances.

Free Stream Media Corp. v. Alphonso Inc. (Precedential)

Free Stream Media Corp. d/b/a Samba TV appeals a summary judgment of noninfringement from the Northern District of California and a claim construction order from the Eastern District of Texas. Alphonso Inc. cross-appeals a denial of its motion to dismiss under 35 U.S.C. § 101 from the Northern District of California. We reverse the Northern District of California’s judgment denying Alphonso’s motion to dismiss and do not reach the grant of summary judgment of noninfringement in favor of Alphonso. In addition, we affirm the Eastern District of Texas’s claim construction order.

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (Precedential)

Pacific Biosciences of California, Inc. (PacBio) sued Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. (collectively, Oxford), accusing Oxford of infringing several of its patents, including U.S. Patent Nos. 9,546,400 and 9,772,323. A jury found all asserted claims infringed but also determined that they are invalid under 35 U.S.C. § 112 for lack of enablement. The district court denied PacBio’s motion for judgment as a matter of law (and for a new trial) on enablement. The district court also denied PacBio’s request that the court grant a new trial because of Oxford’s improper remarks during opening, remarks that included references to the potential applications of its accused products to the then-emerging global COVID-19 crisis. PacBio argued that the remarks caused prejudice that could not be remedied by the curative instruction the district court gave at PacBio’s request. We affirm.

Rule 36 Summary Affirmances