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.

IN RE: MONOLITHIC POWER SYSTEMS, INC.
Before Lourie, Chen, and Stark. Per Curiam, Lourie Dissenting. On Petition for Writ of Mandamus from the United States District Court for the Western District of Texas.
Summary: The Federal Circuit denies mandamus for a factual-laden dispute on whether remote work employees meet the requirement of a “regular and established place of business”

On September 23, 2022, the Food and Drug Administration (FDA) published a draft guidance aimed to protect children who participate in clinical trials, titled Ethical Considerations for Clinical Investigations of Medical Products Involving Children. The draft guidance describes the FDA’s current position regarding ethical considerations for clinical investigations of drugs, biological products, and medical devices involving children.

COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC.
Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California.
Summary: Plausible allegations of an inventive concept in a complaint precludes a motion to dismiss for lack of patent eligibility because determining whether such a concept was well-understood, routine, or conventional was a question of fact that could not be resolved at the Rule 12(b)(6) stage.

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC.

Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board.

Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the record.

Weber petitioned for inter partes review of Provisur’s patent, arguing that the claims were invalid as obvious over multiple references. With its reply brief, Weber also submitted evidence that the digital camera disclosed in Weber’s references was the same type of camera claimed by Provisur’ patent.

Medtronic recently announced that its acquisition of Affera, Inc. has been completed. The acquisition was previously announced to be for $925 million with a $250 million contingency, as reported by MedCity News. Medtronic had previously been a strategic investor in Affera and, prior to the acquisition, owned a 3% interest in Affera as stated in a prior press release dated January 10, 2022.

POLARIS INNOVATIONS LIMITED v. BRENT

Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board

Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding the Board’s claim construction.