Case Summaries

This section primarily contains selected summaries of recent intellectual property law Federal Circuit decisions as presented by our attorneys at our informal weekly Professional Luncheons. In addition, pertinent Supreme Court and USPTO Patent Trial and Appeal Board (PTAB) decisions have been included. These presentations of recent court decisions and other developments equip us with the most up-to-date information. Like many of our programs, these presentations are tailored to address the interests of our clients, who are always welcome to attend.

Click on the name of the case summary you wish to view. You may view the full text of any Federal Circuit case by clicking on the appeal number.

Each case listing indicates the primary topic (or topics) of the case. For the most common topics, clicking on the topic in the list to the right (or the topic in an individual case listing) will access a page collecting the most recent cases addressing that topic, including, for the most important decisions, a link to our Special Report addressing the decision.

FS.COM INC. v. INTERNATIONAL TRADE COMMISSION, Appeal No. 2022-1228 (Fed. Cir. April 20, 2023). Before Moore, Prost, and Hughes. Appealed from ITC. (Enablement)

HIP, INC. v. HORMEL FOODS CORP., Appeal No. 22-1696 (Fed. Cir. May 2, 2023). Before Lourie, Clevenger, and Taranto. Appealed from D. Del. (Judge Connolly). (Inventorship)

SALAZAR v. AT&T MOBILITY, Appeal Nos. 2021-2320, 2021-2376 (Fed. Cir. April 5, 2023). Before Stoll, Schall, and Stark. Appealed from E.D. Tex. (Judge Gilstrap). (Claim Construction)

UNIV. OF MINN. v. GILEAD SCIS., INC., Appeal No. 2021-2168 (Fed. Cir. March 6, 2023). Before Lourie, Dyk, and Stoll. Appealed from the Patent Trial and Appeal Board. (Entitlement to Priority Claim Written-Description Support)

INTEL CORP. v. PACT XPP SCHWIEZ AG, Appeal No. 2022-1037 (Fed. Cir. March 13, 2023). Before Newman, Prost, and Hughes. Appealed from the Patent Trial and Appeal Board. (Motivation to Combine)

HAWK TECHNOLOGY SYSTEMS, LLC v. CASTLE RETAIL, LLC, Appeal No. 2022-1222 (Fed. Cir. February 17, 2023). Before Reyna, Hughes, and Cunningham. Appealed from W.D. Tenn. (Judge McCalla). (§101 Patent Eligibility)

MINERVA SURGICAL, INC. v. HOLOGIC, INC., Appeal No. 2021-2246 (Fed. Cir. February 15, 2023). Before Prost, Reyna, and Stoll. Appealed from D. Del. (Judge Bataillon). (Public Use Bar)

SSI TECHNOLOGIES, LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD., Appeal Nos. 2021-2345, 2022-1039 (Fed. Cir. February 13, 2023). Before Reyna, Bryson, and Cunningham. Appealed from W.D. Wis. (Judge Peterson). (Claim Construction)

GRACE INSTRUMENT INDUSTRIES, LLC v. CHANDLER INSTRUMENTS COMPANY, LLC, Appeal No. 2021-2370, (Fed. Cir. January 12, 2023). Before Chen, Cunningham, and Stark. Appealed from S. D. Tex. (Judge Hanen). (Indefiniteness)

PLASTIPAK PACKAGING, INC. v. PREMIUM WATERS, INC., Appeal No. 2021-2244 (Fed. Cir. December 19, 2022). Before Newman, Stoll, and Stark. Appealed from W.D. Wis. (Judge Conley). (Summary Judgment Standard)

GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, Appeal No. 2021-2218 (Fed. Cir. December 8, 2022). Before Moore, Chen, and Stoll. Appealed from Patent Trial and Appeal Board. (Collateral Estoppel)

VLSI TECHNOLOGY LLC v. INTEL CORP., Appeal No. 2021-1826 (Fed. Cir. November 15, 2022). Before Bryson, Chen, and Hughes. Appealed from the PTAB. (Claim Construction)

MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP., Appeal No. 21-2121 (Fed. Cir. September 29, 2022). Before Lourie, Reyna, and Stoll. Appealed from PTAB. (Anticipation/Obviousness)

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC., Appeal No. 2021-1942, 1975 (Fed. Cir. September 27, 2022). Before Prost, Reyna, and Stark. Appealed from the P.T.A.B. (Administrative Procedures Act)

SAWSTOP HOLDING LLC v. VIDAL, Appeal Nos. 2021-1537, 2021-2105 (Fed. Cir. September 14, 2022). Before Newman, Linn, and Chen. Appealed from E.D. Va. (Judge Brinkema). (Patent Term Adjustment)

HOLOGIC, INC. v. MINERVA SURGICAL, INC., Appeal Nos. 2019-2054, -2081 (Fed. Cir. August 11, 2022). Before Stoll, Clevenger, and Wallach. Appealed from D. Del. (Judge Bataillon). (Assignor Estoppel)

KAMSTRUP A/S v. AXIOMA METERING UAB, Appeal No. 2021-1923 (Fed. Cir. August 12, 2022). Before Reyna, Mayer, and Cunningham. Appealed from PTAB. (Product-By-Process)

LG ELECTRONICS INC. v. IMMERVISION, INC., Appeal Nos. 2021-2037, 2021-2038 (Fed. Cir. July 11, 2022). Before Stoll, Newman, and Cunningham. Appealed from PTAB. (Error As Prior Art Teaching)

CLEARONE, INC. v. SHURE ACQUISITION HOLDINGS, Appeal No. 2021-1517 (Fed. Cir. June 1, 2022). Before Moore, Newman, and Hughes. Appealed from Patent Trial and Appeal Board. (Indefiniteness, Duty to Disclose)

CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC., Appeal No. 2021-1888 (Fed. Cir. June 23, 2022). Before Dyk, Taranto and Cunningham. Appealed from E.D. Va. (Judge Morgan). (Recusal)