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ARTICLE · 16 SEPTEMBER 2015

Federal Circuit Patent Updates - September 2015

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Reyna, J. Reversing summary judgment of invalidity for obviousness. There was a genuine factual dispute about what a person of ordinary skill in the art would have been motivated to do.

United StatesIntellectual Property
WilmerHale'S Intellectual Property Practice Group
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Ivera Medical Corporation v. Hospira, Inc. (No. 2014-1613, 9/8/15) (Newman, Reyna, Taranto)

September 8, 2015 11:40 AM

Reyna, J. Reversing summary judgment of invalidity for obviousness. There was a genuine factual dispute about what a person of ordinary skill in the art would have been motivated to do.

A full version of the text is available in PDF form.

Media Rights Technologies v. Capital One Financial Corp (No. 2014-1218, 9/4/15) (O'Malley, Plager, Taranto)

September 4, 2015 10:33 AM

O'Malley, J. Affirming judgment on the pleadings that all claims were invalid for indefiniteness. All claims contained a limitation of a "compliance mechanism," which was a means-plus-function term that lacked sufficient structure in the specification. "We have never found that the term "mechanism"— without more—connotes an identifiable structure; certainly, merely adding the modifier "compliance" to that term would not do so either." "Where there are multiple claimed

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