United States: Federal Circuit Patent Updates - April 2014

April 9, 2014 12:47 PM

Rader, J. Vacating denial of preliminary injunction for a patent related to a sod harvester and remanding. "Even though [patent owner] may be able to estimate the price of sod harvesters, how much profit it makes per sod harvester, and how many sod harvester sales it makes (and thus may lose) per year, that does not automatically mean money damages are adequate... This record evidence further supports the conclusion that money damages are likely inadequate in this market. Finally, on this record, the fact that [patent owner] does not presently practice the patent does not detract from its likely irreparable harm. To the contrary, [patent owner] and [defendant] are direct competitors selling competing products in this market. Thus, the record strongly shows a probability for irreparable harm."

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April 7, 2014 5:12 PM

Reyna, J. Affirming judgment of non-infringement of patent related to trading financial instruments. Also reversing finding of indefiniteness.

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April 4, 2014 3:55 PM

Moore, J. Affirming in part and reversing in part declaratory judgment jurisdictional decision. Plaintiff sued customers of Microsoft and SAP alleging infringement of two software patents. Microsoft and SAP each filed declaratory judgment actions. The Court found declaratory judgment jurisdiction existed where plaintiff's infringement positions implicated Microsoft or SAP alone, but found jurisdiction lacking for patent in which plaintiff's infringement positions relied upon a combination of software from Microsoft and a third party. "To the extent that Appellees argue that they have a right to bring the declaratory judgment action solely because their customers have been sued for direct infringement, they are incorrect... Instead, Appellees seek to broaden our precedent quite substantially by arguing that a customer request to indemnify ought to give rise to standing, without regard, it appears, to the merit of the customer request. This cannot be." Also affirming in part and reversing in part summary judgment of non-infringement. The Court affirmed summary judgment of non-infringement for SAP for some products but reversed for other products that had not been accused. "Declaratory judgment jurisdiction must be determined on a product-by-product basis. [citation omitted] The claim charts from the customer suits impliedly asserted indirect infringement based on the use of BusinessObjects, not any other SAP product. While SAP's complaint and DataTern's counterclaims invoked SAP products generally, broad pleadings alone do not define the scope of judgment when only a subset of those issues were litigated. [citation omitted] Here, only BusinessObjects was fairly at issue, and the district court's judgment could not have extended beyond BusinessObjects." Rader, J. dissented-in-part.

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April 4, 2014 5:39 PM

Dyk, J. Affirming Board's rejection of telecommunications claims as obvious in ex parte reexamination. "We therefore hold that the 1999 amendments eliminated the right of patent owners to secure review under § 145, and affirm that the district court lacked jurisdiction over the § 145 action." Finding that the district court should have transferred the case rather than dismissing it, the Court proceeded to review the merits of the Board's decision and affirmed."

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April 3, 2014 9:44 AM

Taranto, J. Granting petition for writ of mandamus, vacating order, and remanding. The district court denied a motion to sever and transfer. "The analysis may not show that the transferee forum is far more convenient. But that is not what is required. With nothing on the transferor-forum side of the ledger, the analysis shows that the transferee forum is 'clearly more convenient.'" Finding that transfer for would be appropriate for some defendants if the claims were severed, the Court remanded for further consideration of severance and stay.

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April 2, 2014 2:10 PM

Prost, J. Affirming summary judgment of invalidity of design patents related to football and baseball jerseys for dogs.

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