For our weekly SoCal IP Institute meeting on Monday, October 21st, 2019, we will discuss the following cases:
B.E. Tech, LLC v. Facebook, Inc. (CAFC 2019) (Here)
B.E. sued Facebook for patent infringement, Facebook petitioned for IPR review at the USPTO. The USPTO invalidated the asserted patents, Facebook then motioned for judgment on the pleadings under Fed. R. Civ. P. 12(c), seeking a dismissal with prejudice and costs under Rule 54(d). B.E argued that that dismissal was appropriate but that the dismissal should be for mootness, not with prejudice. Facebook ultimately convinced the court that it was the prevailing party and entitled to costs because it had obtained the outcome it wanted.
Campbell Soup Co. v. Gamon Plus, Inc. (CAFC 2019) (Here)
Campbell Soup petitioned for IPR review of a utility patent for a soup display owned by Gamon Plus. The USPTO instituted review over a few of the claims, and determined the patent not invalid. The Federal Circuit remanded the case ordering that all claims be evaluated. Additionally, the Federal Circuit affirmed the finding of not unpatentable for the claims that were evaluated by the USPTO. Interestingly enough, when analyzing secondary considerations regarding commercial success the PTAB viewed the sale of extra cans of soup as a sign of success, not because of commercial sales, but because the device worked for its intended purpose, selling more cans.
All are invited to join us on Monday October 21st, 2019 at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.