Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about a Federal Circuit panel concerning whether “patents, which relate to data compression and storage,” are too abstract; and
- another article about another “Federal Circuit panel . . . discuss[ing] when a party may look behind a legal challenger to discover the ‘real party in interest.’”
Katie Buehler authored an article for Law360 about a Federal Circuit panel concerning whether “patents, which relate to data compression and storage,” are too abstract. Buehler explained that Realtime Data LLC “asked the panel to overturn an August 2021 ruling invalidating the patents and dismissing related infringement claims against about 10 other companies.” Buehler also reported how “[a] previous Federal Circuit panel overturned a 2019 invalidation ruling from the same judge on the same patents, finding the decision was based on too little analysis,” and Realtime has “argu[ed] the judge has made the same mistake again.”
Kelcee Griffis wrote an article for Bloomberg Law about another “Federal Circuit panel . . . discuss[ing] when a party may look behind a legal challenger to discover the ‘real party in interest.’” Griffis discussed how, “[i]n an underlying Patent Trial and Appeal Board proceeding, Vilox Technologies LLC attempted to probe whether Salesforce Inc. was behind Unified Patents’ validity challenge to a Vilox patent.” Griffis noted how “[d]isputes over the entities backing patent lawsuit plaintiffs have been particularly heated in the US District of Delaware, where Judge Colm. F. Connolly has been allowed to enforce controversial standing orders that probe whether the named parties in a case are indeed the ones authorized to make decisions.”