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March 14, 2020
Arctic Cat Inc. v. Bombardier Recreational Products Inc., BRP U.S. Inc. 2019-1080 Fed. Cir. Before Circuit Judges Lourie, Moore, and Stoll. The Court affirmed a judgment of the District Court that Arctic Cat is not entitled to recover pre-complaint damages from Bombardier due to the failure of Arctic Cat’s licensee to mark products in accordance […]
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February 14, 2020
Koninklijke Philips N.V. v. Google LLC, Microsoft Corporation, Microsoft Mobile, Inc. No. 2019-1177 Fed. Cir. Philips v Google Microsoft PTAB summary The Court affirmed the decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review of U.S. Patent No. 7,529,806 finding that the claims were unpatentable as obvious. The Board instituted […]
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January 14, 2020
The Chamberlain Group, Inc. v. One World Technologies, Inc., DBA Techtronic Industries Power Equipment No. 2018-2112 Before Circuit Judges Dyk, Reyna, and Hughes. Opinion by Circuit Judge Hughes. The patent considered was directed to improved methods of human interaction with “barrier movement operators,” such as garage door operator systems. The claims on appeal were directed […]
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November 14, 2019
Honeywell International Inc. v. Arkema Inc. Nos. 2018-1151, 2018-1153 Fed. Cir. October 1, 2019 Before Circuit Judges Newman, Reyna, and Hughes. During a post grant review proceeding, Honeywell sought authorization from the Board to file a motion for leave to petition the Patent and Trademark Office Director for a Certificate of Correction to correct a […]
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September 19, 2019
The Toro Company sought inter partes review before the Patent Trial and Appeal Board. The Board held the challenged claims obvious under 35 U.S.C. § 103. Critical to its decision, the Board determined that the claim term “mechanical control assembly . . . configured to [perform certain functions]” is not a means-plus-function term subject to 35 U.S.C. § 112, ¶ 6. MTD Products Inc. appealed.
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August 19, 2019
Westech Aerosol Corporation v. 3M Company, et al.
Westech appealed the decision of the district court for the Western District of Washington granting 3M’s motion to dismiss for improper venue. Considering the Supreme Court’s ruling in TC Heartland, 137 S.Ct. 1514 (2017), 3M moved to amend its motion to dismiss to include an argument that venue was improper because 3M did not have a regular and established place of business in the judicial district.
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February 22, 2019
Patent and Trademark Appeal Case Summary Duncan Parking Technologies, Inc. v. IPS Group, Inc. No. 2018-1205 Federal Circuit Judges Lourie, Dyk, and Taranto. IPS Group Inc. (“IPS”) appealed from two district court decisions granting summary judgment of noninfringement of U.S. Patents 8,595,054 (“the ’054 patent”) and 7,854,310 (“the ’310 patent). Duncan Parking Technologies Inc. (“DPT”) […]
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January 22, 2019
In re: Marco Guldenaar Holding B.V. No. 2017-2465 Fed. Cir. Dec. 28, 2018 Before Circuit Judges Chen, Mayer, and Bryson. Opinion by Circuit Judge Chen. Concurring opinion by Circuit Judge Mayer. This case came before the Court on appeal from the decision of the Patent Trial and Appeal Board (Board) affirming the rejection of claims under 35 U.S.C. § […]
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December 22, 2018
ACCELERATION BAY, LLC, Appellant v. ACTIVISION BLIZZARD INC., ELECTRONIC ARTS INC., TAKE-TWO INTERACTIVE SOFTWARE, INC., 2K SPORTS, INC., ROCKSTAR GAMES, INC.,Cross-Appellants BUNGIE, INC., Appellee Nos. 2017-2084, 2017-2085, 2017-2095, 2017-2096, 2017- 2097, 2017-2098, 2017-2099, 2017-2117, 2017-2118 Fed. Cir. Nov. 6, 2018 Opinion by Circuit Judge Moore with Chief Judge Prost and Circuit Judge Reyna. Blizzard filed […]
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November 22, 2018
Natural Alternatives International v. Iancu No. 2017-1962 Fed. Cir. Oct. 1, 2018 Opinion by Chief Judge Prost with Circuit Judges Moore and Reyna. Natural Alternatives International, Inc. (“NAI”) filed a chain of eight U.S. patent applications, with each claiming priority under 35 U.S.C. § 120 back to the filing date of the first application. The […]
