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
M & K Holdings, Inc. v. Samsung Elect. Co., Ltd., Appeal No. 2020-1160 (Fed. Cir. Feb. 1, 2021)
In only its third precedential patent case of 2021, the Federal Circuit addressed two discrete issues. It established further precedent concerning whether references on web pages and as part of meetings of interested artisans qualify as printed publications for purposes of prior art. It also returned to the issue of the proper scope of the PTAB’s authority in deciding inter partes reviews.
The patents at issue involve methods for compressing video files. Samsung filed IPRs alleging a combination of anticipation and obviousness over four papers. The four papers were all generated in connection with the work of a joint task force to establish industry standards for high-efficiency video coding.
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By: Nika F. Aldrich
Edited by: Nika Aldrich and Scott D. Eads, Schwabe Williamson & Wyatt
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…