Please join us on Monday, March 28, 2022 at 12:00 pm, where we will discuss two recent Court of Appeals for the Federal Circuit decisions.
Dyfan, LLC v. Target Corp., No. 21-1725 (Fed. Cir. 2022) addresses claim construction to determine whether a patent is invalid. The evaluation includes consideration of whether patent claims adhere to mean-plus-function constructs pursuant to 35 U.S.C. 112 para. 6 as well as indefiniteness under 35 U.S.C. 112 para. 2.
In Re: Volkswagen Group of America, Inc., No. 22-108 (Fed. Cir. 2022) Stratos filed patent infringement complaints in the Western District of Texas against Volkswagen and Hyundai, car distributors that are incorporated in New Jersey and California, respectively. The issue addressed is whether the companies “reside” for venue purposes in the Western District Texas under 28 U.S.C. 1400(b). Specifically, did the presence of independently owned and operated Volkswagen and Hyundai car dealerships in the Western District of Texas constitute “a regular and established place of business”? Because there has been disagreement on this issue in the district courts, the Federal Circuit addressed the issue.
Mark Goldstein will lead the discussion.