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Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more

“Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment

Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll.  Appeal from the Eastern District of Texas. Summary:  A patentee’s extensive citations to evidence failed to avoid summary judgment of...more

Imaginary Slice of Accused Product Failed to Satisfy Structural Claim Limitation

NEVILLE v. FOUNDATION CONSTRUCTORS, INC. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a construction of...more

Patentee’s Lexicography Negates Infringement Despite Defendant’s Use of Claim Term in Product Literature

PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of...more

Result-Oriented Claims Based on Natural Laws Held Invalid Under § 101

AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Mechanical method claims involving tuning...more

Federal Circuit Applies Collateral Estoppel and Avoids Antitrust Issues

INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement

ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Broad patent claims were invalid as not...more

Reissue Patent Claims Not “Clearly and Unequivocally” Supported in Original Patent Are Invalid

FORUM US, INC. v. FLOW VALVE, LLC - Before Reyna, Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma. Summary: The original patent on which a broadening reissue patent is based...more

Recent Federal Circuit Decisions Emphasize Effect of Factual Questions on Patent Eligibility

In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more

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