Articles

ThermoLife Int’l v. GNC Corp. (CAFC, 5-1-19)

In ThermoLife Int’l v. GNC Corp. handed down today, the Federal Circuit affirmed the district court’s exceptional case finding based upon Plaintiffs having conducted an inadequate pre-suit investigation and Plaintiffs having asserted the patents-in-suit in other cases against more than six dozen defendants where the evidence “strongly suggest[ed]” that Plaintiffs failed to “carefully review[]” their infringement claims prior to filing the cases. (P. 13). What is particularly interesting about this case is that it went to trial only on defendants’ invalidity and unenforceability claims; no judgment was ever rendered on infringement (against any defendant, in any of the cases). And yet Defendants prevailed on their argument that, had Plaintiffs properly investigated their infringement claims prior to bringing the case, it would have been clear based on the product labels for the accused products together with some simple testing of the accused products (which were publicly available), that Defendants’ accused products did not infringe.

Trading Techs. Int’l v. IBG, No. 2017-2323 (Fed. Cir., Apr. 30, 2019)

In Trading Techs. Int’l v. IBG, issued by the Federal Circuit on Tuesday, the Court held that claims directed to a method for displaying profit and loss information specific to a particular trade along a value axis on a graphical user interface were patent ineligible. The Court highlighted that the technological aspect of the claims merely involved the use of a generic computer as a tool for presenting the P&L data. In arriving at its decision, the Court reasoned that “the purported advance is a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions.” (PP. 9-10) (internal citations and quotations omitted).

Endo v. Actavis, No. 2018-1054 (Fed. Cir. May 3, 2019)

In a patent-holder friendly decision today in Endo v. Actavis, the Federal Circuit, in affirming the district court’s rejection of Defendants’ obviousness argument, held that disclosure of the claimed purity level in prior art FDA correspondence did not bridge the gap where the allegedly invalidating prior art combination was not otherwise determined to provide for a reasonable expectation of success. In reaching its decision, the Court reasoned as follows: “The FDA communications introduced a market force incentivizing purification of oxymorphone to the level of the oxymorphone claimed by the Asserted Claims. However, the FDA communications recite a goal without teaching how the goal is attained.” (P. 20)(internal citations omitted).

Rosetta-Wireless v. Samsung (CAFC, 4-19-19)

Posted on LinkedIn on May 6, 2019, at 5:02 pm (CDT). In the Federal Circuit’s recent decision in Rosetta-Wireless v. Samsung, the Court held that the patent-holder failed to establish the required nexus between the alleged objective indicia of nonobviousness (industry praise and NIH funding) and the specific features of the allegedly inventive technology recited in the claims (as opposed to the technology more generally).

Quest Integrity v. Cokebusters USA (CAFC, 5-21-19)

In Quest Integrity v. Cokebusters (issued today), the Federal Circuit noted that the on-sale bar applies to the rendering of services, for compensation, using a claimed computer-readable medium or system that generates a “product.”

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