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).”

SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC.

Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware.

Summary: Applying the proper test for willful infringement, the Federal Circuit reinstated a jury’s willfulness verdict and affirmed the district court’s damages enhancement and attorney-fee award.

IN RE: JUNIPER NETWORKS, INC.
Before LOURIE, BRYSON, and TARANTO. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas.
Summary: A party’s relatively insignificant presence in a forum is an insufficient reason to deny transfer when the majority of witnesses and relevant evidence are in the desired venue.

Boston Scientific Corp. has agreed to acquire Devoro Medical Inc. in a deal expected to close this year. Boston Scientific previously held a 16% equity stake in Devoro Medical and now agrees to acquire the remaining 84% stake for $269M. Boston Scientific also agrees to pay up to $67M more if Devoro Medical clears certain regulatory and clinical milestones.

OMEGA PATENTS, LLC v. CALAMP CORPORATION

Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida.

Summary: Licensing policies that allow use of any or all of a bundle of patents for a single per-unit fee are not a proper basis for establishing royalties without apportionment.

Baxter International Inc. (“Baxter”) has agreed to acquire Hillrom for $10.5 billion ($156 per share) in a deal expected to close in 2022. After assumption of debt, the total enterprise value of the deal is approximately $12.4 billion. The deal had been rumored for about a month before it was announced.

The orthopedic industry traditionally sees significant levels of intellectual property litigation activity, and this year has been no different. One source of this activity comes from Conformis who has continued to assert patents directed towards surgical planning and patient specific instruments and implants. In 2021, Conformis filed three new complaints, settled one case, and continued another litigation. These cases have involved various companies, including DePuy Synthes, Exactech, Bodycad, Wright Medical, and Medacta.

PIANO FACTORY GROUP, INC. v. SCHIEDMAYER CELESTA GMBH

Before Prost, Bryson, and Stoll. Appeal from the Trademark Trial and Appeal Board.

Summary: The appointments of TTAB judges do not share the constitutional defect that the Supreme Court remedied for PTAB judges in Arthrex.