Federal Circuit Affirms Decision Holding Food-Packaging Patent Claims Obvious, Despite Strong Evidence of Objective Indicia

INTERCONTINENTAL GREAT BRANDS V. KELLOGG: Sep. 7, 2017. Before Taranto (majority), Prost, and Reyna (dissent).   Takeaways: The CAFC affirmed summary judgment of patent invalidity as to asserted claims based on 35 U.S.C. § 103. The CAFC held that, in a patent concerning food packaging, the “frame” element is disclosed in the …

Causal Nexus Requirement for Showing Irreparable Harm in Multi-consumer, Multi-Feature Products Only Requires An infringing Feature to be “A Driver” of Demand

GENBAND v. METASWITCH: July 10, 2017. Before Lourie, Taranto, and Chen.   Takeaway: In multi-consumer, multi-feature products, the causal nexus requirement for showing irreparable harm can be satisfied by evidence showing that an infringing feature increases a product’s desirability, or evidence showing that the absence of the feature would make …