Reference to ASTM number not specific enough for the Federal Circuit

Pacific Coast Building v CertainTeed Gypsum, Appeal 2019-1524, Decided June 30, 2020. Pacific Coast Building Products Inc. sued CertainTeed Gypsum, Inc and Saint-Gobain Performance Plastics Corp. (collectively CertainTeed) for patent infringement of claim 21 of US Patent No. 9,388,568 (the “‘568 patent”) in the Northern District of California.  The ‘568 patent is directed to a […]

PTAB finds implied support for a negative limitation

In re Martin, Appeal 2019-004372, April 29, 2020 Appellant FMC Corporation is the Applicant of US Patent Application Serial No. 15/289,566, which is directed to growth media.  Claim 1 recites: 1.  A method for improving the growth of plant comprising applying a growth effective amount of a plant growth composition comprising a hydrated aluminum-magnesium silicate […]

Federal Circuit extends Arthrex to ex parte appeals

Boloro Global, 2019-2349, -2351, -2353, July 7, 2020 Boloro Global (“Boloro”) appealed three decisions from the PTAB affirming the examiner’s rejection of Boloro’s three patent applications – 14/222613, 14/222615 and 14/222616 – under section 101 to the CAFC in August of 2019. The CAFC subsequently decided Arthrex, holding that APJ’s were not constitutionally appointed. In […]

Industry standards for mounting brackets are necessarily functional, and thus not ornamental and not subject to design patent protection

Sattler Tech Corp. v. Humancentric Ventures, PGR2019-00030, Patent D823,093S, decided by PTAB July 26, 2019, designated informative June 11, 2020. Petitioner’s arguments Sattler Tech requested post grant review of US Patent No. D826,093S titled “VESA MOUNT ADAPTER BRACKET.”  FIG. 1 of the ‘093, reproduced below, shows a perspective view of the claimed bracket:     […]

Federal Circuit affirms PTAB’s use of “common sense” in invalidating BE Aerospace patents directed to airplane lavs

BE Aerospace v C&DZodiac, 2019-1935, 2019-1936, Fed. Cir. June 26, 2020 BE Aerospace (“BEA”) owns US Patent Nos. US9073641 and US9440742 directed to space-saving designs for airport lavatories.  Specifically, the challenged patents both claim a wall portion including first and second recesses to accommodate the aft support legs of an airline seat, and the seat […]

Firebug runs into “one big world full of no” at the Federal Circuit

Firebug v Stride Rite Appeal Nos. 2019-1622, 2019-1623, Fed. Cir. June 25, 2020 Shoes by Firebug (“Firebug”) owns US Patent Nos. 8,992,038 (“‘038 patent”) and 9,301,574 (“‘574 patent”), directed to improved illumination systems for footwear.  Specifically, both patents describe footwear comprising a sole and three-layer upper – including a liner, interfacing layer and light diffusing […]