On October 18, 2024, the Federal Circuit issued its opinion in UTTO Inc. v. Metrotech Corp., No. 2023-1435, 2024 U.S. App. LEXIS 26340, (Fed. Cir. Oct. 18, 2024) addressing the propriety of conducting claim construction at the Rule 12 stage. UTTO alleged that...
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Year: 2024
Generalized Testimony Falls Short in Doctrine of Equivalents Analysis
On October 24, 2024, the United States Court of Appeals for the Federal Circuit issued a ruling in Nexstep, Inc. v. Comcast Cable Communications, LLC, affirming the District Court for the District of Delaware’s judgment of non-infringement regarding two patents held...
The Hidden Hurdles Of Section 101 Eligibility Determinations
On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against Blippar on the basis that the two...
Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees
In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the...
Intrinsic Record Paramount In Rule 12 Eligibility Determinations
In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under 35 U.S.C. § 101. This case provides...