296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit.
Circuit Judge).
Raytheon Technologies Corporation (Raytheon) is the owner of U.S. Patent No. 9,695,751 ( 751 patent), which is directed to gas turbine engines for airplanes. General Electric Company (GE) petition the Board for
inter partes review (IPR) of certain claims of the 751 patent. Of particular interest in the IPR was a limitation in Claim 1 that recites:
A gas turbine engine comprising:
.
3 and less than or equal to 5.5 lbf/in
3 and defined as thrust in lbf measured by a volume of the turbine section in in
3 measured be-tween an inlet of a first turbine vane in said second turbine to an exit of a last rotating airfoil stage in said fan drive turbine.
293
-1. Federal Circuit Upholds Finding that Unauthenticated Source Code Printout Is Inadmissible as Evidence of Infringement
The United States Court of Appeals for the Federal Circuit recently affirmed two district courts decisions in which the courts granted Sharp s and Vizio s motions for summary judgement of noninfringement against Wi-LAN. The Federal Circuit first agreed with the lower courts that an unauthenticated printout of source code was inadmissible evidence. The Federal Circuit then affirmed the lower courts claim construction.
See Wi-Lan Inc. v. Sharp Elecs. Corp., Nos. 2020-1041, 2020-1043, 2021 U.S. App. LEXIS 9909 (Fed. Cir. Apr. 6, 2021) (Before Dyk, Taranto, and Stoll,
Circuit Judges) (Opinion for the Court, Dyk,
286-1.
Federal Circuit Overturns PTAB’s Nonobviousness Ruling Finding the Subject Matter Claimed was Obvious in Light of the Combined Teachings of the Prior Art
The United States Court of Appeals for the Federal Circuit recently reversed in part and vacated in part Canfield Scientific’s appeal of an
inter partes review decision by the Patent Trial and Appeal Board in which the Board held all challenged claims of a patent owned by Melanoscan patentable. The Federal Circuit agreed with Canfield and concluded that the Board erred in finding all claims patentable. In doing so, the Federal Circuit reversed the Board’s decision that the independent claims were not obvious and further vacated and remanded the determination of patentability of the dependent claims.
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286-1. Federal Circuit Upholds PTAB s Printed Publication Prior Art Analysis but Vacates Claim Invalidation Based on Unasserted Anticipation Theory
The United States Court of Appeals for the Federal Circuit recently affirmed in part and vacated in part M&K Holdings appeal of an
inter partes review decision by the Patent Trial and Appeal Board in which the Board held all claims of their patent unpatentable. The Federal Circuit agreed with the Board s prior art analysis regarding printed publications but vacated an invalidity finding based on an unasserted anticipation theory.