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Patent Claims Applying Machine Learning Methods to New Environment Do Not Withstand § 101 Scrutiny

RECENTIVE ANALYTICS, INC. v. FOX CORP. - Before Dyk, Prost, and Goldberg. Appeal from the United States District Court for the District of Delaware. The Federal Circuit found that claims applying established methods of...more

Equitable Estoppel: Misleading Silence Not Enough Unless It Was Relied on and Caused Prejudice

FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. - Before Lourie, Dyk, and Reyna. Appeal from the United States District Court for the District of Delaware. The defense of equitable estoppel requires showing that the...more

A Patent Must Describe What Is Claimed, Not What Infringes

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more

“Quotation” Letter Found to Constitute Offer Invalidating Patents

CROWN PACKAGING TECHNOLOGY, INC. v. BELVAC PRODUCTION MACHINERY, INC. - Before Dyk, Hughes, and Cunningham.  Appeal from the United States District Court for the Western District of Virginia. Summary:  An offer for sale...more

Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain...

UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes.  Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion...more

Combining Abstract Ideas Does Not Make Them Less Abstract

Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the Western District of Texas. Summary: When assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make...more

An Expert Witness Need Not Have Been a Posita at the Time of the Invention

Before Dyk, Clevenger, and Stoll.  Appeal from the United States District Court for the District of Delaware. Summary: An expert witness can testify from the perspective of a POSITA at the time of the invention even if they...more

Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

Before Reyna, Hughes, and Stark.  Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight...more

Exhibit Combustion: Disavowing Contradictory Statements Contained in Complaint Exhibits

HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary: A plaintiff can...more

Claimed Ranges Overlapping the Prior Art Can Lead To Short Patent Shelf-Life

UCB, INC.  v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll.  Appeal from the U.S. District Court for the District of Delaware. Summary: District court legally erred by applying incorrect anticipation...more

Incorporation by Reference: Patent Portfolio Builder or Destroyer?

ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna, Schall, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: Arbutus’ patent was anticipated by an earlier Arbutus patent that incorporated...more

“Filtering” Appropriate Claim Construction Reasoning

SSI TECHS., LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. Before Reyna, Bryson, and Cunningham.  Appeal from the United States District Court for the Western District of Wisconsin. Summary: The district court...more

Developments in Patent Disputes Between Apple and AliveCor

Earlier this year, AliveCor, Inc., a medical device and AI company producing electrocardiogram (ECG) hardware and software for consumer mobile devices, succeeded in convincing an International Trade Commission (ITC) judge...more

Apple Watch Found to Infringe AliveCor ECG Patents

AliveCor, Inc., a company focused on cardiac data and remote medicine, successfully convinced an International Trade Commission (ITC) judge that Apple, Inc. infringed multiple AliveCor patents related to electrocardiogram...more

In Re Oath Holdings Inc.

Federal Circuit Summary - Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary: In a case pending before TC Heartland was...more

Stone Basket Innovations, LLC v. Cook Medical, LLC

Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more

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