IP Insights

In a precedential opinion of August 12, 2022, the Federal Circuit affirmed a Patent Trial and Appeal Board decision invalidating the claims of U.S. Patent No. 8,806,957 directed to an ultrasonic flow meter housing.  The invalidation hinged on construction of the phrase “a monolithic polymer structure being cast in one piece,” which the PTAB board […]

Over the past dozen years, the Supreme Court has issued several landmark decisions, with “household” names like Bilski, Alice, Mayo, and Myriad Genetics, that attempt to refine the types of inventions that can and cannot be the subject matter of a patent.  Lower courts, lawyers, and technology companies have attempted to apply the Supreme Court’s […]

In a July 28, 2022 precedential opinion in Realtime Adaptive Streaming LLC v. Netflix, Inc., Netflix Streaming Services, Inc. (available here), the Federal Circuit affirmed a fee award to Netflix resulting from Realtime’s “blatant gamesmanship”.   In 2017, Realtime filed a lawsuit against Netflix in the District of Delaware asserting six patents.  In response, Netflix, […]

In a recent opinion in Apple Inc. v. Zipit Wireless (available here) the Federal Circuit reversed a judgment of the Northern District of California that had dismissed Apple’s complaint for a declaratory judgment of noninfringement and remanded for further proceedings.   Appellee Zipit is a Delaware corporation with a principal place of business in South […]