Federal Circuit clarifies the “teaches away” doctrine and the “substantial evidence” requirement when making an obviousness determination On July 22, 2021, in Chemours Company FC, LLC v. Daikin Industries, Ltd. (“Chemours v. Daikin”), the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision made by the Patent Trial and Appeal Board (“PTAB”). In two inter partes reviews (“IPRs”) filed by Daikin Industries, Ltd. (“Daikin”), the PTAB held […] Read Post →
Dissent by Judge Newman highlights the expanding instability in the patent eligibility inquiry under § 101 On June 11, 2021, in Yu v. Apple Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the Northern District of California dismissing a patent infringement case on the grounds that the asserted claims were invalid due to patent ineligibility under 35 U.S.C. § 101. A decision […] Read Post →
Federal Circuit reiterates the principle that when a § 103 rejection is based on a single prior art reference, the reference must be self-enabling in order to render the claimed invention obvious On April 16, 2021, in Raytheon Technologies Corp. v. General Electric Co., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision by the Patent Trial and Appeal Board (“PTAB”) regarding unpatentability due to obviousness under 35 U.S.C. § 103. In its decision, the Federal Circuit made clear that when […] Read Post →
Federal Circuit provides additional insight into § 101 eligibility On February 8, 2021, in cxLoyalty, Inc. v. Maritz Holdings Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) dismissed-in-part, affirmed-in-part, and reversed-in-part a decision by the Patent Trial and Appeal Board (“PTAB”) dealing with covered business method (“CBM”) review and subject matter eligibility under 35 U.S.C. § 101. This is […] Read Post →
Federal Circuit affirms introduction of evidence in IPR petitioner’s reply briefs On November 25, 2020, in VidStream LLC v. Twitter, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed an appeal from the Patent Trial and Appeal Board (“PTAB”) holding evidence introduced by the petitioner in a reply brief of an inter partes review (“IPR”) proceeding, after the petition had been […] Read Post →
Federal Circuit Affirms Intrinsic Evidence Trumps Extrinsic Evidence During Claim Construction On October 13, 2020, in Immunex Corp. v. Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part and dismissed-in-part an appeal from the Patent Trial and Appeal Board (“PTAB”) holding that when it comes to claim construction, intrinsic evidence trumps extrinsic evidence. […] Read Post →