ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge…

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS

Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas.

Summary: An applicant’s arguments distinguishing prior art during patent prosecution constituted a disclaimer of claim scope and estopped the patentee from relying on the doctrine of equivalents to show infringement.

Traxcell Techs., LLC v. Sprint Commn’s Co. et al
Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas.

Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of noninfringement because the patentee never explained the relevance of this evidence.

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC

Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board.

Summary: Fee-funded structure of AIA review proceedings does not violate due process.

After inter partes review (“IPR”), the Board found Mobility’s patent claims invalid. Mobility appealed the decision to the Federal Circuit, arguing that the structure and funding of AIA review proceedings violates due process. Particularly, Mobility argued that the Board and the individual administrative patent judges (“APJs”) have impermissible financial incentives to institute IPRs.

NeoChord, Inc. (“NeoChord”) announced on October 4, 2021 that it successfully completed a first-in-human procedure with the NeXuS Transcatheter Mitral Chordal Repair (TMVr) device NeoChord is developing. NeoChord also reported that the patient has been discharged from the hospital and is back to a normal lifestyle.

KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD.

Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York.

Summary: The forum selection clause in the parties’ non-disclosure agreement only encompassed proceedings relating to or arising out of the agreement which, in this case, did not extend to inter partes review proceedings.

COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC

Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware.

Summary: Patent claims directed to computer-implemented authentication and verification techniques may survive § 101 challenges if they recite specific improvements that provide particular benefits.

ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE

Before Moore, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware.

Summary: The “final assembler” theory of direct infringement does not apply to defendants who neither manufacture nor install components to complete a claimed system.

IN RE: SURGISIL, L.L.P.

Before Moore, Newman, and O’Malley. Appeal from the Patent Trial and Appeal Board

Summary: A design patent claiming the design of an article of manufacture cannot be anticipated by the design for a different article of manufacture.

The United States Department of Justice announced that medical device company Affordable Healthcare Solutions, LLC has pleaded guilty to charges related to unapproved prescription hyaluronic acid medical devices, as reported by a press release dated September 28, 2021. The devices are “intended for the treatment of pain in osteoarthritis of the knee that must be injected by a doctor or other qualified health care professional.” The company was sentenced for “Receiving Adulterated Devices in Interstate Commerce and Delivery for Pay with Intent to Defraud or Mislead, in violation of 21 U.S.C. §§ 331(c) and 333(a)(2).”