Speck v. Bates
Before Dyk, Bryson, and Stoll.
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Comparing pre-Section 135 bar date claims to amended post-bar date claims in an interference proceeding requires comparing the two sets of claims to determine if either set contains material limitations not found in the other—a “two-way test.”
LUCA MCDERMOTT CATENA GIFT TRUST v. FRUCTUOSO-HOBBS SL
Before Lourie, Reyna, and Chen.
Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.
Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in the trademark, are not entitled to seek cancellation of third-party registrations based on likelihood of confusion.
Florida is more than just the home of alligators and presidential candidates. The state was recently ranked as the fourth largest “medical device state” in the U.S., after California, Minnesota, and Massachusetts. It was estimated to have the third largest “total medical technology employment, with nearly 24,000 jobs, and No. 7 in total revenue generated in the sector, with $6.09 billion.” Florida has also recently been recognized as having the nation’s “second-largest pharmaceuticals manufacturing industry” and “the fourth-largest biotech R&D industry.”
Quest Diagnostics recently announced a multi-faceted collaboration with PathAI to improve diagnoses in cancer and other diseases using AI pathology innovations.
LKQ Corp. v. GM Glob. Tech. Operations LLC [EN BANC OPINION]
Before Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Sitting en banc, the Federal Circuit overruled the Rosen-Durling test for determining whether a design patent is invalid as obvious, instead adopting “a more flexible” approach
Core Optical Technologies, LLC v. Nokia Corporation
Before Dyk, Mayer, and Taranto. Appeal from the Central District of California.
Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded summary judgment of no standing to sue for patent infringement.
IOENGINE, LLC v. Ingenico Inc.
Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Claim limitations requiring communications to be “encrypted” or to deliver “program code” were not subject to the printed matter doctrine.
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC.
Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas.
Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the litigation has moved to a stage that leaves nothing for the court to do but execute the judgment.
LUV N’ CARE, LTD. v. LAURAIN
Before Reyna, Hughes, and Stark. Appeal from the Western District of Louisiana.
Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight of the evidence of prosecution misconduct.
Profound Medical (Nasdaq: PROF) has received FDA 510(k) clearance for its second AI model aimed at treating prostate cancer. Profound Medical is a Toronto-based company, which specializes in developing and marketing customizable, non-invasive therapies for tissue ablation. The newly cleared AI model, called the Contouring Assistant, complements Profound Medical’s TULSA-Pro system, which is designed for transurethral ultrasound ablation (TULSA) procedures.
