FINJAN LLC v. ESET, LLC

Before Reyna, Prost, and Taranto. Appeal from the Southern District of California.

Summary: Specific definitions provided in an earlier application in a patent family incorporated by reference into a later patent do not restrict the later patent if that patent does not include the definition.

ABC CORPORATION I V. THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS

Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.

Summary: Time’s up! The hourglass shape that is the dominant feature in both the asserted design patents and accused hoverboard products does not support a preliminary injunction because it was in the prior art.

ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS

Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.

Summary: Failure to provide advance notice under Federal Rule of Civil Procedure 65(a) leads to vacating of preliminary injunction.

EndoStim announced on October 25th that the FDA granted a breakthrough device designation for the company’s implantable neurostimulation treatment for drug refractory gastroesophageal reflux disease (GERD).

The FDA recently approved LimaCorporate’s fully 3D-printed glenoid baseplate and humeral stem for use in reverse shoulder replacement.

The shoulder includes the glenohumeral joint, which is the ball-and-socket joint where the head of the humerus (i.e., the ball) joins the glenoid (i.e., the shoulder socket in the scapula).

NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC.

Before: Newman, Lourie, and Dyk. Appeal from the Northern District of California.

Summary: “Unanswered questions” raised about asserted claim terms did not render asserted claims indefinite, in light of the specification, prosecution history, and other relevant evidence.

INTERNATIONAL BUSINESS MACHINES CORP. v. ZILLOW GROUP, INC.

Before Hughes, Reyna, and Stoll. Appeal from the United States District for the Western District of Washington.

Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C. § 101.

WEISNER v. GOOGLE LLC
Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York.
Summary: The specific implementation of an abstract idea, such as improving Internet functionality, can be a patent eligible concept.

On September 28, 2022 the FDA announced a collaboration with the Veterans Health Administration (VHA), in particular the VA Ventures Innovation Institute. According to the FDA, the intent of the collaboration is to “help accelerate American medical device innovation to further improve and benefit public health. One goal of the collaboration is providing innovators with “straightforward, reproducible, and cost-effective testing methods throughout the product development cycle.”

MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP.
Before Lourie, Reyna and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: “At once envisage” what is missing cannot fill in the gap to establish anticipation when the class is not a limited class.