CAFC Patent Cases, 4/6/21 – 4/19/21

Precedential Federal Circuit Opinions

1. WI-LAN INC. v. SHARP ELECTRONICS CORPORATION [OPINION]  (2020-1041, April 6, 2021) (DYK, TARANTO, and STOLL)
   Dyk, J.  Affirming related district court judgments holding that Defendant did not infringe the asserted claims of the patents-at-issue.  With respect to one of the patents-at-issue, the district court granted summary judgment because Plaintiff failed to provide admissible evidence of the source code that Plaintiff needed to prove its infringement theories.  The district court did not abuse its discretion in holding that documents from third-party manufacturers purporting to be source code printouts, together with declarations from employees of the manufacturers purporting to authenticate the source code printouts, were not admissible under Rules 803(6) or 901(b)(4).  Nor could Plaintiff rely on Rule 703, because Rule 703 does not make admissible otherwise inadmissible evidence and Plaintiff did not establish that