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 …

Even Groundbreaking Medical Discoveries May Not Be Patentable

THE CLEVELAND CLINIC FOUNDATION, CLEVELAND HEARTLAB, INC., v. TRUE HEALTH DIAGNOSTICS LLC: No. 2016-1766; June 16, 2017.  Before Lourie, Reyna, and Wallach. Takeaway: Patent claims directed to observing a law of nature are patent-ineligible subject matter even if based on a valuable discovery. Service providers cannot be liable for contributory infringement if …

Federal Circuit Upholds Injunction and Comments Upon the Appropriate Test for Infringement Under the Doctrine of Equivalents in Chemical Cases

MYLAN INSTITUTIONAL LLC v. AUROBINDO PHARMA LTD:  May 19, 2017. Before Lourie, Moore and Reyna.   Takeaway: CAFC ruled the district court did not err in granting preliminary injunction because the district court correctly determined defendant was unlikely to prove invalidity of one patent-in-suit, even though the district court did err …

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 …

Web Page Authentication Patent is Outside the Scope of CBM Review

SECURE AXCESS v. PNC BANK: Feb. 21, 2017. Before Lourie (dissenting), Plager, and Taranto. Takeaway: To qualify for CBM review, a patent must claim “the practice, administration, or management of a financial product or service.” Claims that are only “incidental to a financial activity” do not qualify. Procedural Posture: Secure …