Ji-Hye Christina Yang

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Ederal Circuit Clarifies Reach Of Patent Estoppel In SoftView v. Apple

Aug 9, 2024 | mondaq.com | Sonja W. Sahlsten |Ji-Hye Christina Yang

In SoftView LLC v. Apple Inc., No. 23-1005, (Fed. Cir. July 26, 2024), the Federal Circuit partially vacated and remanded the PTAB's decision finding certain claims of U.S. Patent No. 7,461,353 ('353 patent) unpatentable. After the PTAB found 18 of the 319 claims of the '353 patent unpatentable in an IPR, SoftView sought to amend 107 of the '353 patent claims in an ex parte reexamination, which the PTO found unpatentable.
PTAB's Implicit Claim Construction In Obviousness Analysis Constitutes Claim Construction, Even When Its Decision States It Did Not Construe Claims

Mar 27, 2024 | mondaq.com | Emma Ng |Ji-Hye Christina Yang |Esther Lim

In Google LLC v. Ecofactor, Inc., Nos. 2022-1750, 2022-1767 (Fed. Cir. Feb. 7, 2024), the Federal Circuit reversed the Patent Trial and Appeal Board's ("Board") construction, vacated the Board's Final Written Decision, and remanded for further proceedings under the correct construction. U.S. Patent No. 8,498,753 relates generally to climate control systems, such as heating and cooling systems.
"A" Or "An" Means "One Or More" Unless Indicated Otherwise

Nov 3, 2023 | mondaq.com | Ji-Hye Christina Yang |Esther Lim

In ABS Global Inc. v. Cytonome/ST, LLC, No. 22-1761 (Oct. 19, 2023), the Federal Circuit reversed the PTAB's finding that ABS failed to show that the challenged claims of U.S. Patent No. 10,583,439 are unpatentable based on the construction that "the sample stream" had a singular-only meaning, precluding a plurality of streams or a split stream. The Federal Circuit disagreed and held that the term "the sample stream" has a plural-allowing meaning.
Intent For Induced Infringement Is Not Negated By The Board's Final Written Decision Finding Claims Unpatentable As Obvious - Patent - United States

Aug 8, 2023 | mondaq.com | Ji-Hye Christina Yang |Elizabeth D. Ferrill |Michael Nielsen

In United Therapeutics Corp. v. Liquidia Techs., Inc., No. 22-2217 (Fed. Cir. July 24, 2023), the Federal Circuit affirmed a District of Delaware decision addressing claim construction, validity, and infringement. United Therapeutics (UT) filed a lawsuit against Liquidia for infringement of the '793 and '066 patents directed to methods of treating pulmonary hypertension and pharmaceutical compositions comprising Treprostinil.
Burden Of Proving Non-Use Rests With Party Opposing Registration

Jul 7, 2023 | mondaq.com | Ji-Hye Christina Yang |Elizabeth D. Ferrill |Robert Evans

In Spireon, Inc. v. Flex Ltd., No. 22-1578 (Fed. Cir. June 26, 2023), the Federal Circuit vacated and remanded the TTAB's decision sustaining Flex's opposition to the registration of Spireon's FL FLEX mark on the ground of likelihood of confusion with Flex's earlier registered marks, FLEX, FLEX (stylized), and FLEX PULSE. Likelihood of confusion is a question of law, based on underlying factual findings related to thirteen factors ("the DuPont factors") set out in In re E. I.