Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018)

In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed.  The decision makes it more difficult for parties sued by non-practicing entities to recover the costs of litigation from the plaintiff’s attorneys.  Ultimately, since NPEs are frequently poorly capitalized, the decision makes it more likely that successful defendants will be unable to recover fees in exceptional cases at all.

The patent covers an abstract idea concerning crowdfunding.  It was asserted against Gust, Inc. in a case filed shortly after the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014).  Shortly after the case was filed, another patent relating to crowdfunding was found invalid as patent ineligible under Alice.  Meanwhile, the patent holder, AlphaCap, repeatedly sought to settle the case as a walk-away, which Gust refused without payment of attorneys’ fees.

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ALSO THIS WEEK

Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co., Appeal Nos. 2017-1555, -1626 (Fed. Cir. Sept. 28, 2018)

In an appeal from an inter partes review, the Federal Circuit reversed because of the time bar in 35 U.S.C. § 315(b).  Bennet had sued Atlanta Gas in 2012.  The case was dismissed without prejudice.  Atlanta Gas filed the IPR three years later.  The board instituted review and found that the time bar did not apply because the district court case was dismissed without prejudice.  The Federal Circuit reversed following its decision in Click-to-Call Techs., LP v. Ingenio, Inc., 899 F.3d 1321, 1329–32 (Fed. Cir. 2018), which held that serving a complaint alleging infringement implicates the time bar, regardless of any subsequent events.  See our write-up on Click-to-Call here.

Opinion can be found here.

Wisconsin Alumni Research Foundation v. Apple, Inc., Appeal Nos. 2017-2265, 2017-2380 (Fed. Cir. Sept. 28, 2018).

In an appeal from a district court decision following a jury verdict finding in favor of WARF and awarding $234 million in damages, the Federal Circuit reversed.  The decision centered around the meaning of the term “particular.”  Neither party sought a construction of the term before trial.  The district court held that the term had its plain and ordinary meaning, and that no jury instruction was necessary.  The Federal Circuit held, “Giving a term its plain and ordinary meaning does not leave the term devoid of any meaning whatsoever.”  It then construed the term’s “plain and ordinary meaning” on appeal and held that Apple’s products did not practice this claim limitation.  The Federal Circuit also affirmed the district court’s finding of no anticipation based largely on upholding the district court’s construction of a different claim term.

Opinion can be found here.

Hyatt v. PATO, Appeal No. 2017-1722 (Fed. Cir. Sept. 24, 2018)

In an appeal from a district court summary judgment ruling, the Federal Circuit affirmed.  Mr. Hyatt challenges the propriety of MPEP § 1207.04, alleging that it is arbitrary, capricious, and in excess of statutory authority.  Mr. Hyatt filed a petition for rulemaking before the PTAB to repeal § 1207.04.  The PTO denied the petition.  Mr. Hyatt filed suit challenging the denial of the rule.  The district court granted summary judgment to the PTO, dismissed the claims, and held that it lacked subject matter jurisdiction.  The Federal Circuit reversed the finding concerning subject matter jurisdiction under 28 U.S.C. § 1331, 28 U.S.C. § 1338(a), and the Administrative Procedures Act.  Nonetheless, it affirmed the district court’s grant of summary judgment.  It held that two of Mr. Hyatt’s bases for challenging § 1207.04 were barred by the statute of limitations.  The final basis was based on an erroneous interpretation of 35 U.S.C. § 6(b)(1).

Opinion can be found here.

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