Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

Knowles’s 231 patent, entitled “Microelectromechanical System Package with Environmental and Interference Shield,” discloses microelectromechanical system (MEMS) packages comprising a substrate, a microphone, and a cover accommodating the microphone. The MEMS packages shield the microphone from an interference signal or an environmental condition, and purportedly improve over the prior art’s drawbacks “associated with manufacturing these housings, such as lead time, cost, and tooling,” On inter partes reexamination, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board affirmed an examiner’s rejection of claims 1−4 for anticipation and proposed claims 23−27 for lack of an adequate written description. The Federal Circuit affirmed. The Board properly construed the term “package” in claims 1–4. Substantial evidence supports the board’s lack of adequate written description determination as to proposed claims 23–27. View "Knowles Electronics LLC v. Cirrus Logic, Inc." on Justia Law

Nalco’s patent, titled “Enhanced Mercury Control in Coal-Fired Power Plants,” describes a method for the removal of elemental mercury, a toxic pollutant, from the flue gas created by combustion in coal-fired power plants. Previous attempts to filter mercury from coal combustion flue gas failed due to lack of commercial viability or excessive expense. The 692 patent solves this problem by reacting halogens, such as molecular chlorine (Cl2) or molecular bromine (Br2), with elemental mercury (Hg) in flue gas to form mercuric halides (HgCl2 or HgBr2), which precipitate into solid particles that can be filtered from the flue gas more easily. The Federal Circuit reversed the dismissal of Nalco’s direct infringement, doctrine of equivalents, indirect, and willful infringement claims. View "Nalco Co. v. Chem-Mod, LLC" on Justia Law

Nalco’s patent, titled “Enhanced Mercury Control in Coal-Fired Power Plants,” describes a method for the removal of elemental mercury, a toxic pollutant, from the flue gas created by combustion in coal-fired power plants. Previous attempts to filter mercury from coal combustion flue gas failed due to lack of commercial viability or excessive expense. The 692 patent solves this problem by reacting halogens, such as molecular chlorine (Cl2) or molecular bromine (Br2), with elemental mercury (Hg) in flue gas to form mercuric halides (HgCl2 or HgBr2), which precipitate into solid particles that can be filtered from the flue gas more easily. The Federal Circuit reversed the dismissal of Nalco’s direct infringement, doctrine of equivalents, indirect, and willful infringement claims. View "Nalco Co. v. Chem-Mod, LLC" on Justia Law

On inter partes review of Arendi’s patent, which relates to a computerized method for identifying and substituting information in an electronic document, the Patent Trial and Appeal Board held all of the claims unpatentable. The claims recite a method of information handling whereby information such as a name or address is identified in a document, a database is searched for related information, and the retrieved information is displayed and entered into the document, all on a single command from the user. The Federal Circuit affirmed, based on the PTAB’s alternative claim construction. Even if Arendi’s prosecution disclaimer were accepted, the claims are unpatentable for obviousness in view of prior art. View "Arendi S.A.R.L. v. Google LLC" on Justia Law

On inter partes review of Arendi’s patent, which relates to a computerized method for identifying and substituting information in an electronic document, the Patent Trial and Appeal Board held all of the claims unpatentable. The claims recite a method of information handling whereby information such as a name or address is identified in a document, a database is searched for related information, and the retrieved information is displayed and entered into the document, all on a single command from the user. The Federal Circuit affirmed, based on the PTAB’s alternative claim construction. Even if Arendi’s prosecution disclaimer were accepted, the claims are unpatentable for obviousness in view of prior art. View "Arendi S.A.R.L. v. Google LLC" on Justia Law

Aatrix's patents have essentially the same specification and are directed to systems and methods for designing, creating, and importing data into a viewable form on a computer so that a user can manipulate the data and create viewable forms and reports. The preferred embodiment describes a data processing system with a form file, a data file, and a viewer. The form file is created using in-house form development tools to model the physical characteristics of an existing form, including the calculations and rule conditions required to fill in the form. The data file allows data from third-party applications to be “seamlessly imported” to populate the form's fields. The viewer generates a report by merging the data, performing calculations, and allowing the user to review and change the values. In an infringement action, the district court found several claims invalid as directed to ineligible subject matter under 35 U.S.C. 101. The Federal Circuit vacated the dismissal. . The district court erred in determining that a claim was ineligible because it is not directed to a tangible embodiment and in denying leave to amend without claim construction. The court noted factual allegations in a proposed amended complaint, that, if accepted, establish that the claimed combination contains inventive components and improves the workings of the computer. View "Aatrix Software, Inc v. Green Shades Software, Inc" on Justia Law

The 222 Application, entitled “System and Method for Operating a Drain Valve,” is directed to a valve assembly for draining contaminants, condensation, and other fluids that adversely affect the efficiency and function of a pressurized system. The Patent Trial and Appeal Board affirmed the examiner’s rejection of all claims as anticipated (35 U.S.C. 102(b)) and/or obvious (35 U.S.C. 103). The Federal Circuit reversed as to anticipation, finding the holdings not supported by substantial evidence, and vacated the obviousness determinations. The Board’s strained interpretation of “signal” was unreasonably broad and inconsistent with the 222 application. The Board did not provide an adequate evidentiary basis or explanation for its determination that the claims would have been obvious. View "In re: Hodges" on Justia Law

The 222 Application, entitled “System and Method for Operating a Drain Valve,” is directed to a valve assembly for draining contaminants, condensation, and other fluids that adversely affect the efficiency and function of a pressurized system. The Patent Trial and Appeal Board affirmed the examiner’s rejection of all claims as anticipated (35 U.S.C. 102(b)) and/or obvious (35 U.S.C. 103). The Federal Circuit reversed as to anticipation, finding the holdings not supported by substantial evidence, and vacated the obviousness determinations. The Board’s strained interpretation of “signal” was unreasonably broad and inconsistent with the 222 application. The Board did not provide an adequate evidentiary basis or explanation for its determination that the claims would have been obvious. View "In re: Hodges" on Justia Law

In 1985, EgyptAir Flight 648 was hijacked by terrorists, who killed passengers and destroyed the aircraft. The U.S. State Department determined that the terrorists received support from the Libyan government. In 1988, a Libyan Intelligence Service agent detonated explosives on Pan Am Flight 103, killing 270 people and destroying the aircraft. Insurers paid $97 million in claims. Libya was shielded by the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1604, before enactment of the 1996 State Sponsors of Terrorism Exception to FSIA, 28 U.S.C. 1605(a)(7). The insurers sued, asserting their insurance subrogation rights. While those claims were pending, President Bush negotiated a settlement with Libya, The U.S. agreed to terminate pending lawsuits; Libya paid the government $1.5 billion, which funded the Foreign Claims Settlement Commission. The Libyan Claims Resolution Act, 122 Stat. 2999, provides that Libya shall not be subject to the FSIA exceptions. The insurers’ suit was dismissed. Some of the insurers submitted claims with the Commission, which were denied because of a rule requiring that claimants be U.S. nationals from the date of injury to the date of the espousal of their claims by the U.S. They then sued, alleging that the government took their property without just compensation. The Federal Circuit affirmed summary judgment in favor of the government. The insurers “cannot claim an investment-backed expectation free of government involvement nor can they characterize the Government’s action as novel or unexpected.” View "Aviation & General Isurance Co., Ltd. v. United States" on Justia Law

Merck’s 353 patent claims mometasone furoate monohydrate, the active ingredient in Merck’s Nasonex® nasal product. Amneal submitted an Abbreviated New Drug Application (ANDA) to the U.S. Food & Drug Administration (FDA) seeking approval to market a generic mometasone furoate nasal spray. In Merck’s infringement suit, the district court found that Merck failed to prove that Amneal’s ANDA product will infringe. The Federal Circuit affirmed, upholding the district court’s refusal to require Amneal to produce additional samples of its ANDA product for testing before trial. The court rejected a claim that the noninfringement finding must be reversed because it was not based on Amneal’s final commercial product. The district court did not clearly err in finding that a Raman spectroscopy three-peak analysis was required to confirm the infringing form of mometasone furoate in Amneal’s product. Raman spectroscopy is a vibrational spectroscopy technique. A laser is used to generate a Raman spectrum, which indicates the vibrational modes of molecules and can be used to differentiate crystalline forms. View "Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC" on Justia Law