Case Summaries

This section primarily contains selected summaries of recent intellectual property law Federal Circuit decisions as presented by our attorneys at our informal weekly Professional Luncheons. In addition, pertinent Supreme Court and USPTO Patent Trial and Appeal Board (PTAB) decisions have been included. These presentations of recent court decisions and other developments equip us with the most up-to-date information. Like many of our programs, these presentations are tailored to address the interests of our clients, who are always welcome to attend.

Click on the name of the case summary you wish to view. You may view the full text of any Federal Circuit case by clicking on the appeal number.

Each case listing indicates the primary topic (or topics) of the case. For the most common topics, clicking on the topic in the list to the right (or the topic in an individual case listing) will access a page collecting the most recent cases addressing that topic, including, for the most important decisions, a link to our Special Report addressing the decision.

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC, Appeal No. 2020-1441 (Fed. Cir. October 13, 2021). Before Newman, Schall, and Dyk. Appealed from Patent Trial and Appeal Board. (Due Process)

LUBBY HOLDINGS LLC v. CHUNG, Appeal No. 2019-2286 (Fed. Cir. September 1, 2021). Before Newman, Dyk, and Wallach. Appealed from C.D. Cal. (Judge Klausner). (Marking Requirement)

BELCHER PHARMACEUTICALS, LLC v. HOSPIRA, INC., Appeal No. 2020-1799 (Fed. Cir. September 1, 2021). Before Reyna, Taranto, and Stoll. Appealed from D. Del. (Judge Stark). (Inequitable Conduct)

ANDRA GROUP, LP v. VICTORIA’S SECRET STORES, LLC, Appeal No. 2020-2009 (Fed. Cir. August 3, 2021). Before Reyna, Mayer, and Hughes. Appealed from E.D. Tex. (Judge Mazzant, III) (Venue)

QUALCOMM INCORPORATED v. INTEL CORPORATION, Appeal Nos. 2020-1589, 2020-1590, 2020-1591, 2020-1592, 2020-1593, 2020-1594 (Fed. Cir. July 27, 2021). Before Moore, Reyna, and Stoll. Appealed from the PTAB. (Claim Construction; Procedural Rights)

CHEMOURS CO. v. DAIKIN INDUS., LTD., Appeal No. 20-1289, 20-1290 (Fed. Cir. July 22, 2021). Before Newman, Dyk, and Reyna. Appealed from the PTAB. (Obviousness)

BOT M8 LLC v. SONY CORPORATION OF AMERICA, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021). Before Dyk, Linn and O’Malley. Appealed from N.D. Cal. (Judge Alsup). (Sufficiency of Pleadings)

MINERVA SURGICAL, INC. v. HOLOGIC, INC., Appeal No. 20-440 (June 29, 2021). Kagan, Roberts, Breyer, Sotomayor, Kavanaugh. Appealed from Federal Circuit (Stoll, K., Wallach, E., Clevenger, R.). (Assignor Estoppel)

SPEEDTRACK, INC. v. AMAZON.COM, INC., Appeal Nos. 2020-1573, 2020-1660 (Fed. Cir. June 3, 2021). Before Prost, Bryson, and Reyna. Appealed from N.D. Cal. (Judge White). (Prosecution History Esptoppel)

BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD, Appeal No. 2020-1937 (Fed. Cir. May 28, 2021). Before Prost, Clevenger, and Dyk. Appealed from the Patent Trial and Appeal Board. (Obviousness; Prior Art)

PACIFIC BIOSCIENCES OF CALIFORNIA, INC. v. OXFORD NANOPORE TECHNOLOGIES, INC., Appeal Nos. 2020-2155, 2156 (Fed. Cir. May 11, 2021). Before Lourie, Taranto, and Stoll. Appealed from D. Del. (Judge Stark). (Enablement)

FREE STREAM MEDIA CORP. v. ALPHONSO INC., Appeal Nos. 2019-1506, 2019-2133 (Fed. Cir. May 11, 2021). Before Dyk, Reyna, and Hughes. Appealed from N.D. Cal. (Judge Seeborg). (Patent Eligibility)

CAP EXPORT, LLC v. ZINUS, INC., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021). Before Dyk, Bryson, and Hughes. Appealed from C.D. Cal. (Judge Wilson). (Rule 60 (b)(3) Motion to Vacate)

RAYTHEON TECH. CORP. v. GENERAL ELECTRIC CO., Appeal No. 2020-1755 (Fed. Cir. April 16, 2021). Before Lourie, Chen, and Hughes. Appealed from the Patent Trial and Appeal Board. (Obviousness; Enablement)

EDGEWELL PERSONAL CARE BRANDS, LLC. v. MUNCHKIN, INC., Appeal No. 2020-1203 (Fed. Cir. March 9, 2021). Before Newman, Moore and Hughes. Appealed from C.D. Cal. (Judge Gutierrez). (Doctrine of Equivalents)

RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS AMERICA, INC., Appeal Nos. 2020-1646, -1656 (Fed. Cir. March 2, 2021). Before Lourie, Dyk and Moore. Appealed from D. Mass. (Judge Stearns). (Means-Plus-Function)

CANFIELD SCIENTIFIC, INC., v. MELANOSCAN, LLC, Appeal No. 2019-1927 (Fed. Cir. February 18, 2021). Before Newman, Dyk and Reyna. Appealed from Patent Trial and Appeal Board. (Obviousness)

INFINITY COMPUTER PRODUCTS INC. v. OKI DATA AMERICAS, Appeal No. 2020-1189 (Fed. Cir. February 10, 2021). Before Prost, Clevenger, and Taranto. Appealed from D. Del. (Judge Stark). (Indefiniteness)

CHUDIK v. HIRSHFELD, Appeal No. 2020-1833 (Fed. Cir. February 8, 2021). Before Taranto, Bryson, and Hughes. Appealed from E.D. Va. (Judge Trenga). (Patent Term Adjustment)

M & K HOLDINGS INC. v. SAMSUNG ELECTRONICS CO., LTD., Appeal No. 2020-1160 (Fed. Cir. February 1, 2021). Before Moore, Bryson, and Chen. Appealed from Patent Trial and Appeal Board. (§102 Printed Publications – Public Accessibility)