PTAB Cannot Treat Pre-AIA Means-Plus-Function Limitations As Purely Functional Under the Broadest Reasonable Interpretation Standard

IPCOM GMBH & CO. v. HTC CORPORATION: July 7, 2017. Before Prost, Clevenger, Chen. Takeaway: Pre-AIA §112 ¶ 6 (means-plus-function) claim construction analysis requires that the Board not only identify the particular claimed function, but also identify the corresponding structure, material, or acts that perform that function in the specification. …

Contacts with a Forum State that Occurred Prior to the Issuance of a Patent are Not Sufficient to Confer Personal Jurisdiction for a Patent Infringement Case

NEXLEARN, LLC, v. ALLEN INTERACTIONS, INC.: June 19, 2017.  Before Moore, Schall, and Hughes   Takeaway: A defendant’s contacts with a forum state that occurred prior to the issuance of a patent are not sufficient to confer specific personal jurisdiction for a patent infringement case after the patent issues. Absent any …

Federal Circuit Reaffirms the Board’s Decision to Terminate a Reexamination As to Only Litigated Claims in a Civil Action

IN RE AFFINITY LABS OF TEXAS, LLC: May 5, 2017. Before Taranto, Chen, Stoll. Takeaway: The estoppel provision under 35 U.S.C. 317(b) does not extend to all parties and all claims, but rather only to an inter partes requester that was a party to the civil action (or its privies) …

Lack of Meaningful Competition Between the Parties Weighed Against Conclusion of Irreparable Harm, Leading to Denial of Permanent Injunction

Nichia Corp. v. Everlight Americas, INC., No. 2016-1585, 2016-1618 (Fed. Cir. April 28, 2017) (precedential).  On appeal from E.D. Tex.  Before Reyna, Hughes and Stoll. Takeaway: Lack of meaningful competition between the parties weighs against conclusion of irreparable harm. Procedural Posture: Nichia, the owner of U.S. Patent Nos. 8,530,250, 7,432,589, …

Claims Directed to Encoding and Decoding Image Data Held Patent-Ineligible

RecogniCorp, LLC v. Nintendo Co., Ltd., No. 2016-1499 (Fed. Cir. April 28, 2017) (precedential).  On appeal from W. D. Wash. Before Lourie, Reyna, and Stoll. Takeaway: Adding one abstract idea (mathematical equation) to another abstract idea (encoding and decoding) does not render the claim non-abstract. A claim directed to an abstract …