GENSETIX, INC. V. BAYLOR COLLEGE OF MEDICINE

Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas.

Summary: A state can invoke sovereign immunity under the Eleventh Amendment to protect against involuntary joinder from patent suits.

UNILOC 2017 LLC v. HULU, LLC

Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board.

Summary: The Board did not exceed its statutory authority in an inter partes review proceeding by rejecting proposed substitute claims for lack of patent-eligible subject matter under 35 U.S.C. § 101.

With all the buzz about the California Consumer Privacy Act (“CCPA”), it seems easy for businesses to miss or overlook other important state legislation from the past year. One such law is SB 220 (2019), better known as the 2019 Amendment to the Nevada Privacy Law (“Amended Nevada Privacy Law”).

MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION

Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission.

Summary: An invalidity challenge, raised after the close of an ITC investigation, is not a changed condition under 19 U.S.C. § 1337(k)(1) for which the ITC has authority to rescind a general exclusion order.

PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC.

Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Eastern District of Texas

Summary: The defendant’s infringement of method claims through internal use and testing was insufficient to support pre-suit damage that were based on sales of products that infringed separate apparatus claims.

DANA-FARBER CANCER INSTITUTE v. ONO PHARMACEUTICAL CO., LTD.

Before Newman, Lourie, and Stoll. Appeal from the U.S. District Court for the District of Massachusetts

Summary: An individual who contributes “significant building blocks” to an invention may still be an inventor even if the individual publishes the information prior to conception of the claimed subject matter.

UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION
Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Northern District of California.

Summary: Motions to seal must be narrowly tailored and well supported to overcome the presumption of public access to court filings.

41,686. That’s the number of security incidents a recent Verizon study tracked across 86 countries and 73 data sources, as experts work to identify patterns in data breach incidents to help companies better prepare for the next cyber-attack. Knobbe Martens partner Susan Natland, along with James Bikoff, from Smith, Gambrell, & Russell, LLP, and Nicole DelleDonne of Brandsight, Inc., partnered with IBM to analyze this study and extract practical tips for businesses on mitigating damages after a data breach.

Medtronic recently announced that it received clearance from the FDA and CE Mark approval for its LINQ II insertable cardiac monitor (ICM). The announcement notes that ICMs “are small, subcutaneously implanted devices offering continuous ambulatory electrocardiogram monitoring” and that in particular, ICMs focus on detecting and managing subclinical atrial fibrillation.

FITBIT, INC. v. VALENCELL, INC.

Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.

Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an obviousness inquiry without evaluating patentability in view of the asserted obviousness grounds.