Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. Feb. 14, 2018)

In Aatrix Software, Inc. v. Green Shades Software, Inc., the Federal Circuit vacated a district court’s 12(b)(6) ruling that asserted claims were patent-ineligible under 35 U.S.C. § 101, and reversed its denial of plaintiff’s motion to file a second amended complaint.  Aatrix Software marks the second time in a week that the Federal Circuit has remanded a decision finding patent claims ineligible under Section 101, a departure from its typical deference to such rulings since the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Intern., 134 S. Ct. 2347 (2014).  See Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018), and our summary of that decision here.

ALSO THIS WEEK

In re Hodges, Appeal No. 2017-1434 (Fed. Cir. Feb. 12, 2018)

In an appeal from an examination, the Federal Circuit reversed the examiner’s findings, affirmed by the PTAB, that two prior art references anticipated patent claims drawn to certain structures of valves. The Federal Circuit also vacated the PTAB’s obviousness analysis combining the two pieces of prior art, finding that the PTAB’s “single paragraph” analysis failed to sufficiently apply the legal standard for obviousness, or explain its factual conclusions.  The Court remanded to allow the patent office to provide further factual findings and explanations of its obviousness conclusion.

Decision available here.

Written by: Scott D. Eads and Nika F. Aldrich, Schwabe, Williamson & Wyatt

Weekly contributors: Jason Wrubleski