Posts Tagged ‘Federal Circuit’

In re Cuozzo – Still no changes for the claim interpretation standard during inter partes review proceedings

Monday, July 13th, 2015

iStock_000040556240_SmallA guest post from Theresa Stadheim, attorney at Schwegman Lundberg & Woessner.

In In re: Cuozzo Speed Technologies, LLC, Appeal No. 2014-1301 (Fed. Cir. July 8, 2015, decision by Dyk), the Federal Circuit decided not to review the Patent Trial and Appeal Board (the “Board”) practice of construing patents under the broadest reasonable interpretation (BRI) standard.

Garmin petitioned the Board for inter partes review (IPR) of claims 10, 14 and 17 of Cuozzo’s U.S. Patent No. 6,778,074 (the ‘074 patent). Garmin contended that claim 10 was invalid as anticipated under 35 U.S.C. § 102(e) or as obvious under 35 U.S.C. § 103(a) and that claims 14 and 17 were obvious under § 103(a). Claim 10 recited:

A speed limit indicator comprising:
a global positioning system receiver;
a display controller connected to said global positioning system receiver, wherein said display controller adjusts a colored display in response to signals from said global positioning system receiver to continuously update the delineation of which speed readings are in violation of the speed limit at a vehicle’s present location; and
a speedometer integrally attached to said colored display.

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Senate Confirms Finnegan Partner Kara Stoll to Federal Circuit

Wednesday, July 8th, 2015

Kara Stoll

Without a single “nay” vote, and with at least some noting that she will be the first woman of color to join the Fed. Cir., the Senate has confirmed Kara Fernandez Stoll, a litigation partner at Finnegan, to fill the seat vacated by Judge Rader’s resignation at the end of June. Soon-to-be Judge Stoll holds an BSEE degree from Michigan State and worked as an Examiner in computer/electronics art units before joining Finnegan.

As an EE, Stoll must have taken some chemistry, and she lists medical devices as an area of expertise on her resume. She also represented WARF in the Consumer Watchdog appeal, which, although the focus of the appeal was standing, involved a challenge to stem cell patents. The Fed. Cir. has been in need of more Judges with technical backgrounds. Judge Lourie was a chemist and Judge Moore holds an EE degree, but that’s about it. Congratulations to Ms. Stoll and to President Obama, who has appointed a number of Fed. Cir. judges with excellent qualifications.

IP LAW 360 – Senate Confirms Finnegan Atty To Fed. Circ. Seat

 

 

Kimble v. Marvel – Supreme Court Sticks With Brulotte Rule

Tuesday, June 23rd, 2015

iStock_000030048654_SmallIn a rather breezy opinion filled with Spiderman puns and references, Justice Kagan, writing for a 6/3 Court, affirmed that Brulotte v. Thys Co., 379 U.S. 29 (1964) controlled the outcome of this dispute over Marvel’s decision to halt royalty payments on a web-slinger toy that it had apparently agreed to make “for as long as kids want to imitate Spider-Man (doing whatever a spider can).” Slip op. at 2. (A copy of the opinion is found at the end of this post.)

The toy was patented by Kimble, and the patent expired in 2010. The ninth circuit affirmed the district court’s grant of S.J. confirming that, in accord with Brulotte, a patentee cannot receive royalties for sales made after his/her patent’s expiration. Cert. was granted and the Court affirmed that stare decisis was operable to keep Brulotte as controlling law, particularly since the dispute involved statutory interpretation – [as opposed to, e.g., first amendment rights?] – and that Congress had rejected attempts to amend the law.

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Teva v. Sandoz – “Strange Brew” Boils Over

Monday, June 22nd, 2015

iStock_000008592211_SmallOn June 18, 2015, a divided Fed. Cir. panel reaffirmed that the key claim of a Teva patent, U.S. Pat. No. 5,800,808, was invalid as indefinite, although the Fed. Cir. had previously been reversed twice by the Supreme Court – once because of lack of deference to the district court’s fact-finding (135 S. Ct. 831) in this suit, and once because the indefiniteness standard applied by the Fed. Cir. in Nautilus v. Biosig was incorrect (134 S. Ct. 2120). (A copy of the decision can be found at the end of this post.)

Commentators have rushed lots of notes on this decision onto the web (Teva Parma. USA v. Sandoz, Inc., Appeal no. 2012-1567 et al. (Fed. Cir., June 18, 2015) – possibly because the central issue was comprehensible without an advanced degree – so I will not spend more time on the history of the decision. The outcome is what matters after all, and I think it can be summed up in one sentence: Deference to a district court’s fact-finding still leaves the Fed. Cir. free to determine if the question of law “indefiniteness” was decided properly. In other words – and there always are – there is no presumption that the ultimate question of law was decided correctly, even if there was no clear error in the lower court’s fact finding.

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