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CASE OF THE WEEK TCL Communication Technology Holdings Ltd. v. Telefonaktiebolaget LM Ericsson , Appeal Nos. 2018-1363, et al. (Fed. Cir. Dec. 5, 2019) In these appeals from the United States District Court for the Central District of California, the…
PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of “parison” excluded the…
CASE OF THE WEEK Game and Technology Co., Ltd. v. Wargaming Group Ltd. et al. , Appeal No. 2019-1171 (Fed. Cir. Nov. 19, 2019) This week’s Case of the Week involves a patent for an online video game mechanic that, in inter partes review proceedings,…
PHARMA TECH SOLUTIONS, INC. v. LIFESCAN, INC. Before Moore, Reyna, and Stoll. Appeal from the United States District Court for the District of Nevada. Summary: Claims for infringement under the doctrine of equivalents will be barred by prosecution history…
A “catch 22” is defined as a “dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions.” (As in if a pilot claims he is too mentally ill to fly missions, he has…
CASE OF THE WEEK Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. , Appeal Nos. 2018-1329, et al. (Fed. Cir. Nov. 13, 2019) This week’s Case of the Week strikes close to home, tried at the district court and argued at…
KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH Before Dyk, Chen, and Stoll. Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not necessarily need to recite how that tool is…
COLUMBIA SPORTSWEAR v. SEIRUS INNOVATIVE ACCESSORIES Before Lourie, Moore, and Stoll. Appeal from the U.S. District Court for Southern District of California. Summary: An accused infringer’s use of ornamental logos can and should be considered as one…
CASE OF THE WEEK Telefonaktiebolaget LM Ericsson v. TCL Corporation , Appeal Nos. 2017-2381, -2385 (Fed. Cir. Nov. 7, 2019) In this week’s Case of the Week, the Federal Circuit reviewed two inter partes review decisions of unpatentability that turned…
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary: Publications shelved in publicly accessible libraries may be publicly available prior art references as of the…
CASE OF THE WEEK Arthrex, Inc. v. Smith & Nephew, Inc. , Appeal No. 2018-2140 (Fed. Cir. Oct. 31, 2019) In the most important case to affect America Invents Act review proceedings this year, the Federal Circuit struck down a portion of the America Invents…
IDENIX PHARMACEUTICALS LLC v. GILEAD SCIENCES INC. Before Prost, Newman, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Synthesizing and screening tens of thousands of compounds to identify those within the…
