Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

GoPro, Inc. v. Contour IP Holding, LLC, Appeal Nos. 2017-1894, -1936 (Fed. Cir. Nov. 1, 2018)

In its only precedential decision in the past three weeks, the Federal Circuit denied a petition for rehearing en banc and reissued its panel decision with slightly revised language, leaving intact its July ruling regarding the appropriate standard for a document to qualify as a “printed publication” under pre-AIA 35 U.S.C. §102(b).

In July, the Federal Circuit reviewed challenges to patents relating to action sport video cameras or camcorders configured for remote acquisition control and viewing.  The Federal Circuit’s decision turned on whether a catalog distributed at a trade show counts as prior art—an analysis to which the PTAB took too narrow a view.

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

Contributor: Angela Addae