The CAFC Vacated a PTAB Finding of Obviousness Because, By Providing an Overly Broad Constructions, the PTAB Read Key Limitations out of the Claims

Los Angeles Biomedical v. Eli Lilly (2016-1518), February 28, 2017.  Before Judges Newman (concurring-in part and dissenting-in-part), Bryson, and Moore. Takeaway: The PTAB’s overly-broad claim constructions resulted in a decision that lacked the necessary factual support needed to find the claims unpatentable as being obvious under the narrower CAFC constructions. …

The Federal Circuit Finds Standing to Appeal Reexamination Decisions Even Though the Reexamination Requestor Had Not Been Sued For Infringement At the Time the Reexaminations Were Filed and Decided, but Nonetheless Dismissed the Appeal as Moot Due to Patentee’s Covenant Not to Sue

PPG INDUS., INC. v. VALSPAR SOURCING, INC.: Feb. 9, 2017. Before Newman, Chen, and Stoll. Takeaways: A reexamination requestor has standing to appeal the PTAB’s reexamination decisions even though the requestor had not been sued for infringement at the time the reexaminations were initiated and decided, if the reexamination requestor …

Graphical User Interface Improvements Without Pre-Electronic Analog Found Patent Eligible

TRADING TECHS. INT’L, INC. v. CQG, INC.: Jan. 18, 2017. Before Newman, O’Malley, Wallach. Takeaway: A new application or computer-implemented function is patent eligible when it is not simply the use of a computer to conduct a known process, but rather improves the whole system’s capability. Procedural Posture: Judge Coleman …

Federal Circuit Affirms Induced Infringement and No Validity of the Asserted Patent, the Inducement Being Determined in Accordance with an Interim En Banc Decision by the Court

    ELI LILLY AND CO. v. TEVA PARENTERAL MEDICINES, INC., No. 2015-2067 (Fed. Cir. January 12, 2017) (precedential).  On appeal from S.D. Ind. Before Prost, Newman, and Dyk. Procedural Posture: Plaintiff Eli Lily filed a Hatch-Waxman lawsuit against a group of generic pharmaceutical companies, including Teva, to prevent Defendants from …

Obviousness Rejections Must Articulate Rationale To Support a “Common Sense” Motivation To Combine References

  IN RE VAN OS: Jan. 3, 2017. Before Newman (concurring in part and dissenting in part), Moore, and Wallach. Takeaway: Obviousness findings grounded in “common sense” must contain explicit and clear reasoning providing some rational underpinning why common sense compels a finding of obviousness. Procedural Posture: Marcel Van Os …