An Examiner’s Allowance Does Not Create an “Especially Weighty” Presumption of Written-Description Support
Justin J. Gillett & Alex Martin del Campo
Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of New Jersey.
Summary: The Federal Circuit reversed a jury verdict of infringement because a claim limitation amended during prosecution lacked written description support.
Sunkist Squeezes Out a Win and Kisses Kist Goodbye!
Douglas B. Wentzel & Julia N. Hanson
SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC.
Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board.
Summary: The TTAB incorrectly found that similar trademarks created distinct commercial impressions based on an alleged marketing theme that lacked evidentiary support.
Federal Circuit Holds District Court Abused Its Discretion by Excluding an Authenticating Witness
Justin J. Gillett & Bryant Chen
JIAXING SUPER LIGHTING ELECTRIC APPLIANCE, CO. v. CH LIGHTING TECHNOLOGY CO., LTD.
Before Dyk, Chen, and Hughes. Appeal from the United States District Court for the Western District of Texas.
Summary: The Federal Circuit reversed the district court’s JMOL of no on-sale bar after holding the district court abused its discretion in excluding a witness who would have authenticated documents on that issue.
Federal Circuit Lacked Jurisdiction Over a Patent Royalty Dispute
ACORDA THERAPEUTICS, INC. V. ALKERMES PLC
Before Taranto, Hughes, and Stark. Appeal from the United States District Court for the Southern District of New York.
Summary: The Federal Circuit held that it lacked jurisdiction over an appeal of an arbitral award regarding patent royalties because the appeal did not necessarily raise an issue of federal patent law.
Can § 101 Carry the Weight?
Jacob R. Rosenbaum & Justin K. Theam
POWERBLOCK HOLDING, INC. v. IFIT, INC.
Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah.
Summary: Under step one of the Alice test, claims should be considered in their entirety to ascertain whether their character as a whole is directed to excluded subject matter.
Deleted Specification Portions Undermine Claim Construction
Jeremiah S. Helm, Ph.D. & Matthew J. Petersen
Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania.
Summary: The district court erred by construing a claim term based on disclosures made in a provisional application and an unasserted patent in the same patent family.
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