This morning, the Federal Circuit released two nonprecedential opinions in patent cases addressing, respectively, claim construction and definiteness. Here are the introductions to the opinions.
Broadcom Corporation v. Netflix, Inc. (Nonprecedential)
Broadcom Corporation appeals a decision by the Patent Trial and Appeal Board determining certain claims of Broadcom’s U.S. Patent No. 6,341,375 unpatentable under 35 U.S.C. § 103. Because we agree with the Board’s construction of the sole disputed claim term on appeal and hold its appealed findings supported by substantial evidence, we affirm.
BASF Corporation v. Ingevity South Carolina, LLC (Nonprecedential)
BASF Corporation appeals the Patent Trial and Appeal Board’s final written decision determining that BASF failed to show that certain claims of U.S. Patent No. 10,323,553 were unpatentable as indefinite or obvious. We affirm in part, vacate in part, and remand. In particular, we hold that, based on its statement that it need not consider BASF’s evidence, the Board failed to properly consider the record evidence and adequately explain its rationale for indefiniteness. We therefore vacate the Board’s indefiniteness determination and remand for further proceedings. We otherwise find no reversible error in the Board’s obviousness determination and affirm the Board’s decision in that regard.