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Jul 30, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber |Laura Powell
1. BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) Hughes, J. The Court affirmed the District Court’s orders (1) requiring Ms. Lori LaPray, sole owner of Backertop Licensing LLC (“Backertop”), to appear in-person before the District Court for testimony regarding potential fraud on the court; and (2) the district court’s order of monetary sanctions for failing to appear.
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Jul 3, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
1. BETEIRO, LLC v. DRAFTKINGS INC. [OPINION] (2022-2275, 06/21/2024) (Dyk, Prost, Stark)Stark, J. The Court affirmed the district court’s dismissal of multiple, related patent infringement cases for failure to state a claim based on subject matter ineligibility of the patent claims.
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Jul 2, 2024 | 
lexology.com | Arthur Coviello |Omar Khan |Haixia Lin |Jennifer Graber |Kim Do
Precedential and Key Federal Circuit Opinions1. BETEIRO, LLC v. DRAFTKINGS INC. [OPINION] (2022-2275, 06/21/2024) (Dyk, Prost, Stark)Stark, J. The Court affirmed the district court’s dismissal of multiple, related patent infringement cases for failure to state a claim based on subject matter ineligibility of the patent claims.
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Jun 5, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and StarkStoll, J. The Court vacated a final written decision of the Patent Trial and Appeal Board finding a design patent nonobvious and remanded. Appellants filed a petition to institute an inter partes review of Appellee’s design patent, asserting that the challenged claim was unpatentable under 35 U.S.C. § 103.
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May 22, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber |Laura Powell
1. ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark)Bryson, J. The Court affirmed the Commission’s determination regarding the domestic industry requirement for filing a patent suit. To satisfy the domestic industry requirement based on research and development activities under Section 337(a)(3)(C), the complainant must show that those activities pertain to products that are covered by the patent that is being asserted.
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May 14, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll)Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and Appeal Board (“Board”) finding unpatentable certain claims of the challenged patents. IOENGINE appealed, arguing that the Board incorrectly applied the printed matter doctrine, among other arguments.
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Apr 23, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
1. JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. [OPINION] (2022-1258, 2022-1307, 4/1/2024) (Dyk, Prost, and Hughes)Prost, J. The Court affirmed the district court’s indefiniteness determination but vacated and remanded its nonobviousness determination as to the asserted patent.
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Mar 7, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
1. FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen)Taranto, J. The Court affirmed the District Court’s decision 1) denying Freshub’s post-trial motions challenging the jury verdict, and 2) finding that Amazon failed to prove inequitable conduct by clear and convincing evidence. Freshub appealed the post-trial ruling, arguing that it sought a new trial overall because of assertedly prejudicial statements by Amazon at trial.
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Feb 22, 2024 | 
jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber
1. PROMPTU SYSTEMS CORPORATION v. COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1093, 2/16/2024) (Moore, Prost, and Taranto)Per Curiam. The Court sua sponte issued an order that “[p]arties may not incorporate by reference arguments into one brief from another unless in compliance with Fed. R. App. P. 28, and in no event is such incorporation permitted if it would result in exceeding the applicable word count,” and “violating these provisions in the future will likely result in sanctions.”2.
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Jan 30, 2024 | 
mondaq.com | Arthur Coviello |Omar Khan |Haixia Lin |Kim Do
1. CYWEE GROUP LTD. v. ZTE (USA) INC., LG ELECTRONICS
INC. [OPINION] (2021-1855, 1/18/2023) (Prost, Hughes, and
Stoll)
Prost, J. The Court affirmed the Patent Trial and Appeal
Board's ("Board") decision finding that certain
claims of U.S. Patent No. 8,441,438 ("the '438
patent") were unpatentable and denying CyWee Group LTD's
("CyWee") motion to amend its claims. ZTE (USA), Inc.,
("ZTE") filed an IPR petition challenging certain claims
of the '438 patent.
