Utility Patent Cases
Coverage since November 3, 1994

Utility Patent

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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.

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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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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.

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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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