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Federal Circuit

Federal Circuit
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Grace Instrument v. Chandler Instruments — Federal Circuit Vacates Indefiniteness Finding, Reaffirms Primacy of Intrinsic Record Over Dictionary Definitions

The Federal Circuit vacated a district court’s indefiniteness finding for a viscometer patent, holding that the intrinsic record — not dictionary definitions — governs claim construction, and that terms of degree are not indefinite when the specification provides adequate context for a skilled

Federal Circuit
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Genentech, Inc. v. Sandoz Inc. (2022) — Federal Circuit Holds Generic Drug Label Need Not Actively Promote Infringing Use to Support Inducement

The Federal Circuit affirmed that Sandoz’s generic pirfenidone label would not induce infringement of Genentech’s method-of-treatment patents, and also upheld invalidity of the liver function test patents as obvious, clarifying the inducement standard for drug labels in Hatch-Waxman litigation.

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Mosaic Brands, Inc. v. Ridge Wallet LLC — Federal Circuit Clarifies Summary Judgment Burdens in Patent Anticipation and Trade Dress Disputes

The Federal Circuit reversed a summary judgment of patent invalidity for anticipation, finding genuine disputes about whether the alleged prior art product predated the patent’s critical date, and separately affirmed that Mosaic’s claimed trade dress was invalid as functional.

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Google LLC v. Hammond Development International, Inc. — Federal Circuit Holds Collateral Estoppel Can Apply Across IPR Proceedings Even When Patent Claims Use Different Language

The Federal Circuit held that collateral estoppel from a prior IPR proceeding can invalidate claims in a later IPR even when the claims use different language, as long as the differences do not materially alter the question of patentability.

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Uniloc 2017 LLC v. Google LLC — Federal Circuit Holds Parties May Mutually Terminate an Irrevocable License, Restoring Patent Owner’s Standing to Sue

The Federal Circuit held that although an irrevocable patent license cannot be unilaterally revoked by the grantor, both parties may mutually agree to terminate it, and doing so restores the licensor’s standing to bring patent infringement suits against the former licensee.

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Finjan LLC v. ESET, LLC — Federal Circuit Reverses Indefiniteness Ruling, Holds “Downloadable” Sufficiently Defines Scope of Cybersecurity Patent Claims

The Federal Circuit reversed a district court’s ruling that the claim term “Downloadable” was indefinite in Finjan’s computer virus detection patents, holding that the term’s plain meaning — an executable or interpretable application program — was sufficiently definite.

Federal Circuit
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ABC Corp. I v. Partnership & Unincorporated Associations — Federal Circuit Vacates Hoverboard Design Patent Injunctions for Inadequate Infringement Analysis

The Federal Circuit issued two precedential opinions vacating preliminary injunctions in hoverboard design patent cases, holding that courts must conduct product-by-product infringement analysis under the ordinary observer test and properly account for prior art when evaluating likelihood of success

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International Business Machines Corp. v. Zillow Group, Inc. — Federal Circuit Holds Map-Based Property Display Patents Cover Abstract Ideas

The Federal Circuit affirmed that IBM’s patents covering coordinated map-based and list-based selection of geographic data were directed to the abstract idea of organizing and displaying visual information, lacking an inventive concept sufficient for patent eligibility.

Federal Circuit
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Nature Simulation Systems Inc. v. Autodesk, Inc. — Federal Circuit Rejects “Unanswered Questions” Standard for Indefiniteness, Clarifies § 112 Test

The Federal Circuit reversed an indefiniteness ruling against patents covering geometric meshing methods used in computer-aided design, holding that the district court applied an incorrect ‘unanswered questions’ test rather than the proper ‘reasonable certainty’ standard from

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In re Killian — Federal Circuit Holds Social Security Benefit Eligibility Determination Is an Abstract Mental Process, Patent Ineligible Under § 101

The Federal Circuit affirmed rejection of claims covering a computer-implemented system for identifying Social Security Disability Insurance eligibility, holding the claims were directed to an abstract mental process that humans perform through observation and evaluation.

Federal Circuit
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Kamstrup A/S v. Axioma Metering UAB — Federal Circuit Holds Product-By-Process Language Does Not Confer Patentability Without Structural Distinction from Prior Art

The Federal Circuit affirmed that product-by-process claim language — which defines a product in terms of the process used to make it — does not impart patentable weight unless the claimed process produces a product that is structurally and functionally different from the prior art.

Federal Circuit
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Realtime Adaptive Streaming LLC v. Netflix, Inc. — Federal Circuit Upholds Attorneys’ Fees Sanction for Forum-Shopping Through Voluntary Dismissal and Refiling

The Federal Circuit affirmed an award of attorneys’ fees under the court’s inherent equitable powers, holding that a patent owner’s voluntary dismissal from one district followed immediately by refiling the same case in a different district constituted bad-faith forum shopping that warranted sanctio

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