FedCircuitBlog

• Google Ruling Yields Patent Prosecution Appeal Prep Lessons – Jason German explains some of the benefits of appealing directly to the Federal Circuit during patent prosecution.
• Intel Urges Federal Circuit to Stop Patent Trial Move To Waco – Intel hopes the Federal Circuit will prevent the company from returning to Waco, Texas for trial in January.

Here’s the latest.

• Federal Circuit Sheds Light on the Test for ‘Analogous Art’ in an IPR – Tom BenGera discusses the Federal Circuit’s recent opinion in Donner Technology, LLC v. Pro Stage Gear, LLC.
• Covered Business Method Threshold Review Is Not Appealable – The Federal Circuit recently held that the Patent Trial and Appeal Board’s determination that a patent qualifies for covered business method (CBM) review is not appealable.

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• Big Pharma to Face Off at Federal Circuit Oral Arguments Over Antibody Genus Patentability – A preview of an upcoming Federal Circuit case concerning enablement.
• No Patent? No Problem! The Federal Circuit Paves The Way For Non-Patent Owners To Sue Infringers – What happens in a patent lawsuit when not all of the parties that have an ownership interest in a patent are joined as plaintiffs?
• The Federal Circuit Tries To Demystify Venue in Hatch-Waxman Actions – In Valeant Pharms. N. Am. v. Mylan Pharms., the Federal Circuit attempted to clarify where “acts of infringement” for venue purposes under §1400(b) occur in Hatch-Waxman actions.

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• Printed Matter Is Patentable If It’s Functional, Not Just Communicative – Bard’s suit of patent infringement by AngioDynamics may continue after the Federal Circuit reversed the lower court’s finding of non-infringement and invalidity.
• Functional claiming in the aftermath of Williamson – Analyses of means plus function limitations have shifted more than anticipated in the past few years following the Federal Circuit’s decision in Williamson v. Citrix Online LLC.
• Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS – The Federal Circuit affirmed in SIPCO, LLC v. Emerson Electric that the decision to institute a covered business method (“CBM”) review cannot be reviewed based on Supreme Court precedent.

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• Supreme Court Denies Patent Petitions on Arthrex, Eligibility – The U.S. Supreme Court denied petitions for certiorari in two cases coming out of the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro Devices, Inc. and WhitServe LLC v. Donuts Inc.
• Amgen, GSK Urge Justices To Allow Patents On Genus Claims – A trio of amicus briefs filed on Monday urge the Supreme Court to grant Merck’s petition for certiorari and ensure that companies are able to patent genus claims.
• COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine Despite Mixed Results at PTAB – As global leaders in COVID-19 vaccine development receive promising results from their clinical trials, the focus turns to whether legal intellectual property obstacles may impede vaccine distribution.  

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• Federal Circuit Judge Newman Calls for Overhaul of Patent Law – Judge Newman advocated for patent law reform at an intellectual property conference on Friday.
• Federal Circuit Will Not Second-Guess IPR Institution Denials – The Federal Circuit confirmed its stance on refusing to review denials of inter partes review through a number of orders this week.
• Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit – Uniloc’s case against Apple will continue in California after the Federal Circuit issued a writ of mandamus directing the Western District of Texas to transfer the case.

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• USPTO Says Interested Party Rulings Aren’t ‘Shenanigans’ – The U.S. Patent and Trademark Office defended against accusations that the agency engaged in “shenanigans” when it did not require Google to be named as an interested party during a review of a mobile website patent.
• Guitar Pedalboard Patent Sent for New PTAB Review by Fed. Cir. – The Federal Circuit ruled on Monday that the Patent Trial and Appeal Board erred when the board analyzed a guitar pedalboard patent and rejected an earlier electrical relay patent as analogous prior art.
• Heart Monitor Maker Asks High Court to Clear Eligibility Muddle – InfoBionic Inc. suggests that a Supreme Court review of its case involving a dispute over a cardiac monitoring patent could provide clarity around which inventions are eligible for patents.

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• Investors Eye Patents After ‘Extraordinary’ Damage Awards Run – The past year has seen several large damages awards in patent infringement cases but the Federal Circuit has overturned some of the larger awards.
• Federal Circuit Limits Venue for Hatch-Waxman Cases – The Federal Circuit ruled that venue was only proper in judicial districts sufficiently related to the submission of an abbreviated new drug application (“ANDA”) and not where a generic drug could be distributed.
• Fed. Circ. Mulls Fate Of Wi-Fi Co.’s $8M Infringement Verdict – Oral arguments before the Federal Circuit took place on Friday for SIMO Holdings Inc. v. Hong Kong uCloudlink Network Technology Ltd. reviewing a jury verdict of uCloudlink’s willful infringement.

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• Fed. Circ. Asked To Keep Movie Theater IP Suit In Texas – Arguing that the case should stay in Texas, Intertrust Technologies Corp. asks the Federal Circuit to reject a petition from Regal Cinemas, AMC, and Cinemark to transfer the lawsuit to California.
• Nike Golf Club Patent Dispute Do-Over Weighed by Fed. Cir. Panel – Saso Golf, Inc. urges a Federal Circuit panel to send its patent infringement case back down to the lower court and assign the case to a new a judge, even though the original suit was filed twelve years ago.
• Fed. Circ. Affirms Chevron Loss In PTAB Interference – A split Federal Circuit found that the Patent Trial and Appeal Board correctly construed a key term to find that the University of Wyoming Research Corporation was entitled to a patent involving a method for analyzing crude oil in an interference proceeding against Chevron.

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• Three Damages Questions for the Supreme Court – Cochlear Corp. petitioned the Supreme Court to review the Federal Circuit’s damages decision and recently received an amicus brief in support.
• Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit – Earlier this October, the Federal Circuit remanded AntennaSys, Inc., v. AQYR Technologies, Inc. to resolve the claim construction issues left undecided by the lower court and expressing their disdain towards unhelpful arguments from both parties.
• Apple Hit With $503M Verdict In VirnetX Patent Retrial – After the Federal Circuit vacated the damages award, on remand, the lower court jury awarded similar damages against Apple.

Here’s the latest.