Two Recent Patent Cases Decided in the U.S.

The first is the case of Icon Health v. Strava. While there are a number of tedious issues resolved in the case, the significant point of the decision is the Federal Circuit’s reminder that the Patent Office MUST provide an evidentiary basis for its findings. As you know, when making rejections under 35 U.S.C. § 103, patent Examiners will often combine references by making only conclusory assertions, and without advancing a proper evidentiary basis for the asserted combination. This case serves as a reminder that such a rejection is improper.

The second opinion is the case of Life Technologies v. Promega. In this case, the U.S. Supreme Court held that a party who supplies only a single component of a multi-component patented claim cannot be found to infringe the claim under 35 U.S.C. § 271(f)(1)…

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