Federal Circuit Patent Updates - August 2015

August 28, 2015 5:22 PM

Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of indefiniteness resulting from Nautilus provides an exception to the doctrine of law of the case or issue preclusion... In reviewing the supplemental damages award under the Nautilus standard, we hold that the claims are indefinite and reverse the award of supplemental damages." "Three conditions must be satisfied to reopen a previous decision under the change of law exception for both law of the case and issue preclusion. First, the governing law must have been altered... Second, the decision sought to be reopened must have applied old law... Third, the change in law must compel a different result under the facts of the particular case... Each of these requirements was satisfied here." The asserted claims