Federal Circuit Vacates And Remands District Court’s Decision For Failing To Construe Claims Before Ruling On Patent Eligibility
On August 16, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion vacating and remanding the United States District Court for the Northern District of California’s decision granting a Rule 12(c) motion for judgment on the pleadings. MyMail, Ltd. V. ooVoo, LLC, __ F.3d __ (Fed. Cir. Aug. 16, 2019). The CAFC held that the district court erred by declining to resolve a claim construction dispute prior to its ruling that the patents asserted by plaintiff MyMail are directed to unpatentable subject matter.
Federal Circuit Vacates And Remands PTAB’s Obviousness Finding Predicated On Incorrect Claim Construction
On August 12, 2019, the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding the obviousness finding of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). MTD Products Inc. v. Iancu, __ F.3d __ (Fed. Cir. Aug. 12, 2019). The CAFC ruled that the PTAB’s claim construction on which its obviousness finding was premised was incorrect because the construction conflated corresponding structure in the patent’s specification with a structural definition for the term, instead of construing the term as a means-plus-function term under 35 U.S.C. § 112, ¶ 6.