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Federal Circuit

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Finjan v. SonicWall — Federal Circuit Vacates Collateral Estoppel Invalidity, Affirms Non-Infringement on Stipulated Claim Construction

The Federal Circuit vacated an invalidity judgment against Finjan’s cybersecurity patents that had been based on collateral estoppel from a since-vacated case, while affirming non-infringement on claim construction grounds and excluding Finjan’s damages expert for inadequate apportionmen

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Sisvel International v. Sierra Wireless — Federal Circuit Clarifies When Expert Testimony Can Establish Structure for Means-Plus-Function Claims

The Federal Circuit held that the PTAB erred in categorically excluding expert testimony on the structure of computer-implemented means-plus-function claim limitations when the specification identifies named software protocols, clarifying a two-track framework for evaluating such claims.

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Columbia Sportswear v. Seirus — Federal Circuit Rules Design Patent Comparison Prior Art Must Match the Same Article of Manufacture

In a precedent-setting design patent case, the Federal Circuit held that comparison prior art used to defend against infringement must be drawn from the same article of manufacture claimed in the design patent — prior art from a different type of product cannot be used to confuse the ordinary observ

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