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.

VOLVO PENTA OF THE AMERICAS, LLC v. BRUNSWICK CORPORATION, Appeal No. 2022-1765 (Fed. Cir. August 24, 2023). Before Moore, Lourie, and Cunningham. Appealed from PTAB. (Obviousness)

IN RE: CELLECT, LLC, Appeal Nos. 2022-1293, 1294, 1295, 1296 (Fed. Cir. August 28, 2023). Before Lourie, Dyk, and Reyna. Appealed from the Patent Trial and Appeal Board. (Obviousness-Type Double Patenting and Patent Term Adjustment)

AXONICS, INC. v. MEDTRONIC, INC., Appeal Nos. 2022-1532, 2022-1533 (Fed. Cir. August 7, 2023). Before Lourie, Dyk, and Taranto. Appealed from Patent Trial and Appeal Board. (Inter Partes Review)

AXONICS, INC. v. MEDTRONIC, INC., Appeal Nos. 2022-1451, 2022-1452 (Fed. Cir. July 10, 2023). Before Lourie, Dyk, and Taranto. Appealed from the PTAB. (Motivation to combine in Obviousness)

IN RE FLOAT’N’GRILL LLC, Appeal No. 2022-1438 (Fed. Cir. July 12, 2023). Before Prost, Linn, and Cunningham. Appealed from the PTAB. (Original Patent Requirement in Reissue Patents)

INGURAN, LLC v. ABS GLOBAL, INC., Appeal No. 22-1385 (Fed. Cir. July 5, 2023). Before Lourie, Bryson, and Reyna. Appealed from W.D. Wis. (Judge Conley). (RES JUDICATA)

MEDYTOX, INC. v. GALDERMA S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023). Before Reyna, Dyk, and Stark. Appealed from PTAB. (Enablement; Claim Construction)

BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC., Appeal Nos. 2021-2316, 2021-2317 (Fed. Cir. June 9, 2023). Before Prost, Chen, and Stark. Appealed from D.N.J. (Judge Hillman). (Inventorship)

SANOFI-AVENTIS DEUTSCHLAND GMBH v. MYLAN PHARMACEUTICALS INC., Appeal No. 2021-1981 (Fed. Cir. May 9, 2023). Before Reyna, Mayer, and Cunningham. Appealed from the Patent Trial and Appeal Board. (Analogous Art Test)

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)