District Court Abused Its Discretion in Awarding Fees by Relying on Unsupported Conclusions and by Giving Certain Evidence Undue Weight

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma LARGE AUDIENCE DISPLAY  v. TENNMAN.: Oct. 20, 2016. Before Moore, Linn, and O’Malley, per curiam. (nonprecedential) The Takeaway: The record must support the circumstances upon which a district court relies in finding a case exceptional and awarding fees. Courts …

Method Claims For Treating Influenza Are Obvious Because The Prior Art Disclosed Both the Drug and the Administration Method

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma IN RE: EFTHYMIOPOULOS: October 18, 2016. Before Prost (majority), Newman (dissent), and Bryson. The Takeaway: Patentee’s method claims for treating influenza with oral doses of zanamivir were obvious because the prior art disclosed both the use of zanamivir to …

A Claimed Solution That Merely Aids in Mental Translation Instead of Computer Efficacy is Not an Inventive Concept Under Alice

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma SYNOPSIS v. MENTOR GRAPHICS: Oct. 17, 2016. Before Lourie, Moore, Chen. The Takeaway: Claims directed to the abstract idea of translating a functional description of a logic circuit used in computers into a hardware component description of the logic …

Jury Findings of Obviousness and Infringement are Upheld Because They are Supported by Substantial Evidence on the Record

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma APPLE V. SAMSUNG: Oct 7, 2016. En banc. Moore (majority). Prost (dissent), Dyk (dissent), and Reyna (dissent). The Takeaway: On appellate review, the Federal Circuit will defer to the district court’s reasonable fact findings when supported by substantial evidence …

A Large List of Words Weights In Favor of Finding No Registrable Trademark

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma IN RE: PREMA JYOTHI LIGHT: Oct. 7, 2016 (non-precedential). Before Lourie, Dyk and O’Malley. The Takeaway: Although there is no limit on the number of words that can make up a trademark, a large list of words weighs in …