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
Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021)
In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving patents, but that do not concern allegations of infringement or invalidity. In this week’s case, the Court determined that it lacked subject matter jurisdiction over an appeal from a Walker Process antitrust claim and transferred the appeal to the Fifth Circuit Court of Appeals. The Court narrowly distinguished a prior case involving a Walker Process claim where it held it did have subject matter jurisdiction.
Read More.
By Annie White
ALSO THIS WEEK
Yanbin Yu v. Apple Inc., Appeal No. 2020-1760 (Fed. Cir. June 11, 2021)
In an appeal from the United States District Court for the Northern District of California, the Federal Circuit addressed whether the district court erred in finding that plaintiff’s asserted patent claims were patent-ineligible. The Court affirmed the district court’s decision, holding that plaintiff’s patent claims—which described taking two pictures and using one picture to enhance the other in some way—constituted an abstract idea, and that the claims did not include an inventive concept sufficient to transform the abstract idea into a patent-eligible invention. Judge Newman dissented, arguing that plaintiff’s patent claims warranted review under the substantive criteria of patentability, including novelty and non-obviousness.
A copy of the opinion can be found here.
Edited by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt
Contributors: Annie White and Mario Delegato
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…