Federal Circuit Rejects District Court’s Attempt at Judicial Efficiency

RealTime Data v Reducio Systems, Appeal No. 2019-2198, 2019-2201, 2019-2202, 2019-2204, decided October 23, 2020 Background Realtime Data (“Realtime”) is the owner of US  Patent Nos. 7,415,530, 8,717,203, 9,054,728, 9,116,908 and 9,667,751 (“the asserted patents”) with 159 issued claims between them directed to digital data compression.  Realtime filed claims of infringement against Fortinet, Reduxio Systems, […]

“Imaginary slice” does not provide a valid basis for infringement

Neville v Foundation Constructors Background Steve Neville et al. (“Neville”) are the assignees of US Patent Nos 7914236 and 9284708 directed to foundation piles.  The claimed foundation piles include an “end plate having a substantially flat surface disposed perpendicular to the centerline of the tubular pile,” or, “an end plate closing the second end of […]

Flip-flopping inventorship does not invalidate Egenera’s patent

Egenera v Cisco Background Egenera sued Cisco in the US District Court of Massachusetts alleging that Cisco’s servers infringe US patent number 7,231,430 (“the ‘430 patent”).  Prior to claim construction and alongside an IPR proceeding, Egenera petitioned the USPTO to remove an inventor from the ‘430 patent.  According to Egenera, this change was necessitated by […]

Federal Circuit says Basic Math ≠ Modification

Blackbird v Fitbit Background Blackbird Tech owns US patent number 6,434,212 directed to a device that counts an individual’s steps.  Based on the length and rate of those steps, the device provides information such as distance traveled and speed.  Fitbit and Wahoo Fitness each sought an inter partes review of claims 2,5 and 6.  PTAB […]

Federal Circuit reverses PTAB under the APA, remands so the agency can “do its job”

Alacritech v Intel Background Alacritech is the applicant of US patent number 8,131,880 (the ‘880 patent”) directed to apparatus for transferring packets to a host computer system.  In particular, the claims of the ‘880 patent recite an apparatus that offloads certain network related processing tasks from a host computer’s CPU to an “intelligent network interface […]

Federal Circuit upholds subject matter eligibility of “method of preparation” claims in rehearing of Illumina v. Ariosa Diagnostics

Illumina v Ariosa rehearing “Method of preparation” claims survive §101 challenge at the Federal Circuit

“Half-liquid” held indefinite by the Federal Circuit – IBSA v Teva

IBSA v Teva Though IBSA provided direct and indirect evidence that one of ordinary skill in the art would understand the term to be a synonym of “semi-liquid,” the Federal Circuit discounted it.  The Court instead found support in a prosecution history where the term was not directly at issue. Background IBSA is the assignee […]

Validity of Ford design patents on replacement parts again upheld at the Federal Circuit

Ford v New World International, Appeal No. 2019-1746, June 22, 2020 At the district court level, New World argued that the holding in Best Lock Corp v. ILCO Unican Corp, 94 F.3d 1563 (Fed. Cir. 1996) applied, and that the claimed designs were invalid as “aesthetically functional”.  Ford argued that Best Lock was differentiable from […]

Federal Circuit calls a re-do, and then doubles down on misplaced 112 analysis in AAM v. Neapco

Sigh. On July 31, 2020, the Federal Circuit declined to hear AAM v. Neapco en banc (AAM v. Neapco denial of en banc hearing, but granted a petition for a panel rehearing, which didn’t mean “rehearing” so much as “we’ll add a few lines to our original opinion that actually manage to make things worse.”  […]

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 […]