CAFC Patent Cases, 4/20/21-5/4/21

• Published date: 08 May 2021
• Subject Matter: Intellectual Property, Patent
• Law Firm: WilmerHale
• Author: Mr Arthur Coviello, Richard Goldenberg and Omar Khan

Precedential Federal Circuit Opinions

1. MOJAVE DESERT HOLDINGS LLC v. CROCS, INC. [ORDER] (2020-1167 4/21/2021) (Newman, Dyk, O'Malley)*
   Dyk, J. The Court granted a motion by U.S.A. Dawgs, Inc. and Mojave Desert Holdings, LLC to substitute Mojave as U.S.A. Dawgs's successor-in-interest in its appeal from a USPTO inter partes reexamination decision finding a Crocs design patent patentable. The Court explained: "Where, as here, the requester's right has been transferred together with any liability for past infringement, there is no reason that the requester's right to challenge the Board's decision cannot be effectively transferred.... We hold that ... the requester's right (including its right to appeal) may be transferred at least when it occurs as part of the transfer of the requester's past infringement liability." Judge O'Malley dissented for the reasons given in the Appellee's Motion for Reconsideration.
   * WilmerHale represents Crocs on appeal.
2. BIO-RAD LABORATORIES INC. v. ITC [OPINION] (2020-1785, 4/29/2021) (Taranto, Chen, Stoll)
   Taranto, J. The Court affirmed a decision of the International Trade Commission ("ITC") that Bio-Rad Laboratories, Inc ("Bio-Rad")...