IP Insights

On September 21, 2022, Judge Rodney Gilstrap denied a motion to dismiss in Ollnova Tech. Ltd. V. Ecobee Tech. ULC, after the defendant argued that two building automation patents claimed patent-ineligible abstract ideas.  The case is instructive as it shows that if software patent claims are to survive an Alice challenge at the pleading stage, […]

In a September 7, 2022 precedential opinion in Arendi S.A.R.L. v. LG Electronics Inc. (available here), the Federal Circuit affirmed the grant of a motion to dismiss under the duplicative-litigation doctrine.  The duplicative-litigation doctrine prevents plaintiffs from maintaining two separate actions involving the same subject matter at the same time in the same court against […]

In its recent decision in INVT SPE LLC v. ITC, 2022 WL 3904135 (Fed. Cir. Aug. 31, 2022), the Federal Circuit affirmed an ITC finding of no violation.  In doing so, the Federal Circuit took the opportunity to address infringement of claims that are “drawn to capability.”  On that score, the Federal Circuit explained:  “For […]

In Juno Therapeutics, Inc. v. Kite Pharma., 10 F.4th 1330 (Fed. Cir. 2021), a FC panel reversed the DC’s decision that Juno’s claimed chimeric antigen receptors (CARs) in U.S. Pat. No. 7,446,190 including a “binding element that specifically interacts with a selected target” (e.g., scFv that binds CD19) did not satisfy the written description (WD) […]