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Federal Circuit Review - Issue 296 | Troutman Pepper

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit...

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Federal Circuit Review - Issue 294 | Troutman Pepper

Circuit Judge).
Raytheon Technologies Corporation (Raytheon) is the owner of U.S. Patent No. 9,695,751 ('751 patent), which is directed to gas turbine engines for airplanes. General Electric Company (GE) petition the Board for
inter partes review (IPR) of certain claims of the '751 patent. Of particular interest in the IPR was a limitation in Claim 1 that recites:
A gas turbine engine comprising:
...
3 and less than or equal to 5.5 lbf/in
3 and defined as thrust in lbf measured by a volume of the turbine section in in
3 measured be-tween an inlet of a first turbine vane in said second turbine to an exit of a last rotating airfoil stage in said fan drive turbine.

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Federal Circuit Review - Issue 293 | Troutman Pepper

293
-1. Federal Circuit Upholds Finding that Unauthenticated Source Code Printout Is Inadmissible as Evidence of Infringement
The United States Court of Appeals for the Federal Circuit recently affirmed two district courts' decisions in which the courts granted Sharp's and Vizio's motions for summary judgement of noninfringement against Wi-LAN. The Federal Circuit first agreed with the lower courts that an unauthenticated printout of source code was inadmissible evidence. The Federal Circuit then affirmed the lower courts' claim construction.
See Wi-Lan Inc. v. Sharp Elecs. Corp., Nos. 2020-1041, 2020-1043, 2021 U.S. App. LEXIS 9909 (Fed. Cir. Apr. 6, 2021) (Before Dyk, Taranto, and Stoll,
Circuit Judges) (Opinion for the Court, Dyk,

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Federal Circuit Review - Issue 288 | Troutman Pepper

286-1.
Federal Circuit Overturns PTAB’s Nonobviousness Ruling Finding the Subject Matter Claimed was Obvious in Light of the Combined Teachings of the Prior Art
The United States Court of Appeals for the Federal Circuit recently reversed in part and vacated in part Canfield Scientific’s appeal of an
inter partes review decision by the Patent Trial and Appeal Board in which the Board held all challenged claims of a patent owned by Melanoscan patentable. The Federal Circuit agreed with Canfield and concluded that the Board erred in finding all claims patentable. In doing so, the Federal Circuit reversed the Board’s decision that the independent claims were not obvious and further vacated and remanded the determination of patentability of the dependent claims.

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Federal Circuit Review - Issue 286 | Troutman Pepper

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286-1. Federal Circuit Upholds PTAB's Printed Publication Prior Art Analysis but Vacates Claim Invalidation Based on Unasserted Anticipation Theory
The United States Court of Appeals for the Federal Circuit recently affirmed in part and vacated in part M&K Holdings' appeal of an
inter partes review decision by the Patent Trial and Appeal Board in which the Board held all claims of their patent unpatentable. The Federal Circuit agreed with the Board's prior art analysis regarding printed publications but vacated an invalidity finding based on an unasserted anticipation theory.

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Federal Circuit Review - Issue 284 | Troutman Pepper

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284-1. The Federal Circuit Finds Standing for Appeal Based on Risk of Infringement; Vacates Board Determination that Raytheon Claims are Nonobvious
The Federal Circuit recently vacated and remanded a Patent Trial and Appeal Board (the Board) decision finding a Raytheon patent related to turbine engines nonobvious. The Court first found that General Electric Company (GE) had standing to appeal based on a "substantial risk of infringement." In doing so, the Court found GE had cured its deficient standing in a prior appeal related to the turbine engines. Further, the Court vacated and remanded the decision of nonobviousness, finding the Board decision lacked substantial evidence of "teaching away" and lack of "motivation to combine."

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