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.

EDWARDS LIFESCIENCES CORP. v. MERIL LIFE SCIENCES PVT. LTD., Appeal No. 2022-1877 (Fed. Cir. March 25, 2024). Before Lourie, Stoll, and Cunningham. Appealed from N.D. Cal. (Judge Gilliam, Jr.). (35 U.S.C. § 271(e)(1) Safe Harbor)

CHEWY, INC. v. IBM CORP., Appeal No. 2022-1756 (Fed. Cir. March 5, 2024). Before Moore, Stoll, and Cunningham. Appealed from S.D.N.Y. (Judge Rakoff). (Claim Construction)

FRESHUB, INC. v. AMAZON.COM, INC., Appeals Nos. 2022-1391 and 2022-1425 (Fed. Cir. February 26, 2024). Before Reyna, Taranto, and Chen. Appealed from W.D. Tex. (Judge Albright). (Infringement; Inequitable Conduct)

RAI STRATEGIC HOLDINGS INC. v. PHILIP MORRIS PRODUCTS S.A., Appeal No. 2022-1862 (Fed. Cir. Feb. 9, 2024). Before Stoll, Chen, and Cunningham. Appealed from the PTAB. (Written Description)

PACIFIC BIOSCIENCES OF CALIFORNIA, INC. v. PERSONAL GENOMICS TAIWAN, INC., Appeals Nos. 2022-1410, 2022-1554 (Fed. Cir. January 9, 2024). Before Prost, Taranto, and Hughes. Appealed from PTAB. (Claim Construction)

ROKU, INC. v. ITC, Appeal No. 2022-1386 (Fed. Cir. January 19, 2024). Before Dyk, Hughes, and Stoll. Appealed from the USITC. (Unfair Import Trade — Ownership and Domestic Industry Requirements)

DEXCOM, INC. v. ABBOTT DIABETES CARE, INC., Appeal No. 2023-1795 (Fed. Cir. January 3, 2024). Before Dyk, Hughes, and Stoll. Appealed from D. Del. (Judge Jordan). (Preliminary Injunction)

VLSI TECHNOLOGY LLC v. INTEL CORP., Appeal No. 2022-1906 (Fed. Cir. December 4, 2023). Before Lourie, Dyk, and Taranto. Appealed from W.D. Tex. (Judge Albright). (Infringement)

NETFLIX, INC. v. DIVX, LLC, Appeal Nos. 2022-1203, 2022-1204 (Fed. Cir. October 25, 2023). Before Dyk, Linn, and Chen. Appealed from Patent Trial and Appeal Board. (Inter Partes Review)

IN RE: PERSONALWEB TECHNOLOGIES LLC, Appeal Nos. 2021-1858, 2021-1859, 2021-1860 (Fed. Cir. November 3, 2023). Before Reyna, Lourie, and Dyk. Appealed from N.D. Cal. (Judge Freeman). (Objectively Baseless Case)

FINJAN LLC v. SONICWALL, INC., Appeal No. 2022-1048 (Fed. Cir. October 13, 2023). Before Cunningham, Reyna, and Bryson. Appealed from N.D. Cal. (Judge Freeman). (Claim Construction)

CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., Appeal No. 2022-1873 (Fed. Cir. October 16, 2023). Before Moore, Stoll, and Cunningham. Appealed from N.D. Cal. (Judge Hamilton). (Expert Evidence)

NETFLIX, INC. v. DIVX, LLC, Appeal No. 2022-1138 (Fed. Cir. September 11, 2023). Before Hughes, Stoll, and Stark. Appealed from PTAB. (Analogous Art)

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)