Fresh From the Bench: Latest Federal Circuit Court Cases
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Ericsson Inc. v. Intellectual Ventures I LLC, Appeal No. 2017-1521 (Fed. Cir. Aug. 27, 2018)
In an appeal from an inter partes review, the Court reviewed the Patent Trial and Appeal Board’s authority to strike arguments improperly raised for the first time in a reply. 37 C.F.R. § 42.23(b) (“… A reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, or patent owner response.”).
In the decision, the Board held that certain claims of U.S. Patent No. 5,602,831 (the “’831 Patent”) were not unpatentable under 35 U.S.C. § 103. The ’831 Patent “is directed to increasing the reliability of a wireless communications system.” Specifically, the ’831 Patent teaches the interleaving of packets with other packets within a packet block (i.e., S-blocks with S-blocks).
Written by: Scott D. Eads and Nika F. Aldrich, Schwabe Williamson & Wyatt
Contributor: Cristin Wagner
More insights
Federal Circuit Affirms Invalidation of Patent for Lack of Enablement of Claims Directed to a Method of Treating a Patient with a Unit Dosage in Wyeth Llc v Astrazeneca Pharmaceuticals Lp
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
When About Becomes Indefinite Federal Circuit Provides Guidance for Life Science Patent Applications Regarding Limits of Approximation in Enviro Tech v Safe Foods
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
When Any Patent Means No Patent Federal Circuit Reverses Non Specific Verdict
Written by : Brian C. Barnes and Sophia F. Zahn OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen , Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : A verdict form…