CAFC Concludes that the District Court Correctly Denied Plaintiff’s Motion for Judgment as a Matter of Law and Properly Upheld the Jury’s Verdict of Noninfringement Where the Jury Did Not Err in Finding that Defendant’s Devices Did Not Infringe the Claims in Plaintiff’s Patent

CORE WIRELESS LICENSING S.A.R.L, v. APPLE INC.: April 14, 2017.  Before O’Malley, Bryson, and Wallach. (precedential). Takeaway: CAFC affirmed the district court’s denial of plaintiff’s JMOL motion upholding the non-infringement verdict where substantial evidence supported the jury’s finding that the accused devices did not use a mobile station to select which …

Federal Circuit Affirms the PTAB’s Decision Finding the Patent Claims Unpatentable as Obvious Where the Patent Owner Did Not Demonstrate that the Board Violated the Administrative Procedure Act Requirements of Notice and an Opportunity to Respond

NOVARTIS AG, MITSUBISHI PHARMA CORP., v. TORRENT PHARM. LTD.:  April 12, 2017. Before Taranto, Chen, and Stoll. (precedential). Takeaways: The Patent Trial and Appeal Board did not violate the requirements of notice and an opportunity to respond found in the Administrative Procedure Act when it relied on a prior art …

Potential Error in Jury Verdict with Respect to Non-Infringement Is Harmless Where Invalidity Is Affirmed

TVIIM, LLC v. MCAFEE, INC.: March 21, 2017. Before Prost, Clevenger, Reyna. Takeaway: A party cannot argue on appeal that claim terms have “more than one ordinary meaning” if the argument was not raised in the first instance at trial. Potential error by a jury regarding non-infringement is harmless where …

Federal Circuit Reverses Board’s Obviousness Rejection of Apple’s Claims to Media GUI

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr IN RE: LEMAY, No. 2015-1973 (Fed. Cir. Sep. 19, 2016) (nonprecedential).  On appeal from the PTAB. Before Newman, Moore, and Wallach. Procedural Posture: Patent applicants appealed a final decision of the Board affirming the rejection of claims directed to streaming …

Federal Circuit Defers to PTAB Fact Findings Supported by Substantial Evidence during IPR of a Spinal Surgery Patent

Authored by Rose Cordero Prey, Ksenia Takhistova and William Uhr IN RE WARSAW ORTHOPEDIC, INC., Nos. 2015-1050, 2015-1058 (Fed. Cir. Aug. 9, 2016) (precedential).  On appeal from the PTAB. Before Prost, Bryson, and Wallach. Procedural Posture: Patentee appealed two decisions by the Board in two separate inter partes reviews, cancelling …