Check out @ChisumOnPatents's latest article, Fifty Years of Patent Law: The Top Ten Developments," here: chisum.com/wp-content/upl…

Curmudgeon’s comment: the “claimed interconnect system” is a misnomer; the interconnect system is one of several claim-recited limitations. What is claimed (per the PACT XPP patent’s claim 4) is simply “[a] system.” That system includes the claim-recited interconnect system.

Intel v PACT XPP 3/13/23 #FedCir reverses PTAB. Claimed multiprocessor system would hv been obvious in view of 2 refs that each addressed same cache consistency problem. KSR’s rationale of using “known technique” to improve similar devices supplied the motivation to combine here.

Apple v Vidal 3/13 #FedCir: Although USPTO Dir’s discretion whether to institute an IPR is not reviewable, her decision to issue the Fintiv/NHK instructions to PTAB without notice & comment rule making is. Apple has standing to press its challenge to Fintiv under APA s553.

Regents U Mn v Gilead 3/6/23 #FedCir (AL) affirms Mn's patent anticipated. "Laundry list disclosure" of its provisional app did not supply adequate written description support for later claimed subgenus. Provisional's indeterminate "maze-like path" -> insufficient "blaze marks."

Note that pre-AIA s102(b) critical date was 11/7/2010, one year before US provisional appln filing date of 11/7/2011. #FedCir missed a teaching moment by referring generally to "priority date" instead of "US priority date." One-year clock didn't run from a foreign priority date. twitter.com/patent_maven/s…

Minerva v Hologic 2/15 #FedCir affirms D.Del that M's surgical device patent is s102b (pre-AIA) invalid: (1) in public use at pre-critical date trade show (physician attendees had "close scrutiny," no NDAs) & (2) ready for patenting (working prototypes needed only "fine tuning").

ChromaDex v Elysium 2/13 #FedCir affirms DDel that vitamin B3 supplement patent is s101 UN-eligible. "Very broad" claims to isolated nicotinamide riboside comp not markedly different from natural milk. This product of nature fails under Chakrabarty/Myriad; Mayo 2-step not req'd.

#FedCir also rejects as “meritless” C’s argument that Director delegating time-extension for FWDs in case of joinder to PTAB violates Appointments Clause. No evidence of contrary Congressional intent for Director to so delegate & Director is vested with “broad rulemaking powers.” twitter.com/patent_maven/s…

Cywee v Google 2/8 #FedCir affirms 2 IPR rulings that C’s claims unpatentable for obviousness. C’s untimeliness/Due Process arguments “meritless.” Nothing requires that Director review of PTAB institution & FWDs per Arthrex be accomplished within statutory 3-mo & 1-yr deadlines.

In re Google 2/1/23 #FedCir mandamuses WDTex (Albright J) to xfer venue to NDCal, “clearly” the “center of gravity” here. DCt erred on multiple xfer factors. Jawbone’s earbud invention & G’s accused device were developed in NDCal. J rented office in Waco TX only 1 mo before suit.

A new NYTimes article criticizes big pharma for "gaming" the patent system, with particular focus on AbbVie's Humira: nytimes.com/2023/01/28/bus… Are reverse settlements of litigation (that antitrust law doesn't seem to prevent) as much at fault here as patent evergreening practice?

PMC v Apple 1/20 #FedCir 2-1 affirms EDTx: P's patent unenforceable for prosecution laches. Case "very similar" & "more egregious" than Hyatt. P filed 328 GATT-bubble apps. Unreasonable delay despite Consolidation Agrmt w/ PTO. Dissent: A didn't develop accused prod until after.

This is a good teaching case on patent claim interpretation and satisfying the definiteness requirement, authored by #FedCir Judge Chen. twitter.com/patent_maven/s…

Grace v Chandler 1/12 #FedCir resuscitates G's oil drilling viscometer patent. "Enlarged chamber" NOT indefinite. Although not term of art & not explicitly defined, intrinsic evidence -> "large enough" to do recited fn: avoid co-mingling 2 fluids. SDTx erred in using dictionary.

Instead, defendant (here TP-Link) must show that patentee “could have brought suit” in preferred venue (here CDCal) independent of def’s consent. FRCP 1404 fairness/convenience standard applies, not defendant’s unilateral wish. twitter.com/patent_maven/s…

In re Stingray 1/10 #FedCir grants mandamus to resolve deep DCt split, holding that defendant (here, foreign corp sued in EDTx) canNOT defeat personal jurisdiction under FRCP 4(k)(2) by unilaterally consenting post-suit to be sued in a different, preferred district (here, CDCal).

In re Google 1/9/23 #FedCir vacates PTO ex parte determination that search query filtering method claims wd hv bn obvious. PTAB didn’t explain how to modify prior art. “Squint as we may, we do not see the justifications invoked by the PTO on appeal reflected in the record below.”

Dionex v Agilent 1/6/23 #FedCir affirms interference priority to jr pty A. A's spec supports Bd's BRC of claims D copied. Prior actual RTP testimony by A inventor corroborated by 2 colleagues witnessing successful prototype. No negative infer from lack of A co-inventor testimony.

MFA v Alaska Airlines 12/29 #FedCir 2-1 denies interlocutory appeal of protective order that denied M’s in-house counsel access to A’s proprietary source code. M can hire outside counsel or experts. Dispute can be reviewed in final appeal. Collateral order exception is N/A here.