Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article focusing on the Federal Circuit’s recent precedential decision overruling a district court’s conclusion that [patent] claims were directed to ineligible subject matter;
- a blog post discussing the Federal Circuit’s conclusion that a forum selection clause did not apply to inter partes review proceedings at the Patent Trial and Appeal Board;
- an article addressing how the Federal Circuit found that “claims of a patent covering an artificial heart valve were erroneously held to be unpatentable by the US Patent Trial and Appeal Board”; and
- a blog post discussing how “the Federal Circuit affirmed an exclusion order by the [International Trade] Commission” in a patent case.
Valerie C. Moore filed an article with Lexology on how, in the precedential decision CosmoKey Solutions GMBH & Co. v. Duo Security LLC, “three Federal Circuit Judges O’Malley, Stoll, and Reyna agreed that U.S. Patent No. 9,246,903 claims patent eligible subject matter, but there was disagreement on how to arrive at that decision.” Moore explained that “[t]he different analyses in the majority and concurring opinions further highlight the disparity in applying the Alice test to determine if claims meet the subject matter eligibility requirements.”
Eileen McDermott posted on IPWatchdog on the Federal Circuit’s precedential decision in Kannuu Ltd. v. Samsung Electronics Co.. McDermott discussed the court’s holding “that a non-disclosure agreement’s (NDA’s) forum selection clause barring lawsuits to be brought outside of the New York court system did not apply to inter partes review (IPR) proceedings at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).”
Life Sciences IP Review discussed how the Federal Circuit in Snyders Heart Valve LLC v. St. Jude Medical, LLC “has held that claims of a patent covering an artificial heart valve were erroneously held to be unpatentable by the US Patent Trial and Appeal Board (PTAB), in a blow to a medical device company owned by Abbott Laboratories.”
Kevin E. Noonan authored a blog post for Patent Docs detailing how the “the Federal Circuit affirmed an exclusion order by the [International Trade] Commission in Jennewein Biotechnologie GmbH v. International Trade Commission.” Noonan explained that “[t]he International Trade Commission can more readily provide injunctive relief against an adjudged infringer than a district court, under appropriate conditions (i.e., with regard to an infringing product or a product made by infringing a claimed method).”