Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions in related patent cases involving patent claims that were deemed invalid as indefinite. The court also released seven nonprecedential orders dismissing appeals. Here are the introductions to the opinions and one of the orders and links to the other dismissals.
XR Communications, LLC v. Arris Solutions, Inc. (Nonprecedential)
XR Communications, LLC dba Vivato Technologies (“Vivato”) appeals an order and judgment of the U.S. District Court for the Northern District of California that construed a claim term in U.S. Patent No. 6,611,231 (“the ’231 patent”) as subject to 35 U.S.C. § 112 ¶ 6 and held claims 1–9 and 12 of the ’231 patent invalid as indefinite. We affirm.
XR Communications, LLC v. D-Link Systems, Inc. (Nonprecedential)
XR Communications, LLC dba Vivato Technologies (“Vivato”) appeals a judgment of the U.S. District Court for the Central District of California (“C.D. Cal. District Court”) holding claims 1–9 and 12 of U.S. Patent No. 6,611,231 invalid as indefinite. The C.D. Cal. District Court based its judgment on the collateral-estoppel effect of a judgment of the U.S. District Court for the Northern District of California (“N.D. Cal. District Court”)—the latter of which is the subject of companion appeals Nos. 22-1125 and 22-1141 (as consolidated, the “companion appeal”).
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AFFIRMED
Stylwan IP Holding, LLC v. Stress Engineering Services, Inc. (Nonprecedential Order)
In response to the court’s order to show cause in light of Stress Engineering Services, Inc.’s pending counterclaims, Stylwan Ip Holding, LLC; Stylwan, Inc.; and Stylwan IIT, LLC request dismissal of this appeal for lack of jurisdiction. ECF No. 20 at 4.
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IT IS ORDERED THAT:
(1) The appeals are dismissed for lack of jurisdiction, subject to reinstatement under the same docket number(s) without the payment of an additional filing fee if, within 60 days of this order, either party appeals from the entry of a final judgment or obtains a certification for appeal pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.
(2) Each side shall bear its own costs.