ABS Global, Inc. v. Cytonome/ST, LLC., No. 19-2051 (Fed. Cir. 2021)Annotate this Case
In separate district court proceedings, several plaintiffs sued ABS and others for infringement of claims of six patents, including Cytonome’s 161 patent. Four months later, ABS sought inter partes review (IPR) of the 161 patent. The Patent Board invalidated certain claims of that patent while finding that ABS had failed to demonstrate that the remaining claims were unpatentable. Two weeks after the Board’s final IPR decision, the district court granted ABS partial summary judgment, concluding that ABS’s accused products did not infringe any of the 161 claims. Two months after that summary judgment decision, ABS appealed the IPR decision. The district court held a trial covering the patents remaining in the infringement case in September 2019. ABS filed its opening brief challenging the IPR decision in the Federal Circuit in November 2019. Cytonome “elected not to pursue an appeal of the district court’s finding of non-infringement,” then argued that, because it disavowed its ability to challenge that judgment, ABS lacked the requisite injury-in-fact required for Article III standing to appeal the IPR decision. Four months later, the district court entered a final judgment of noninfringement as to the patent claims. The district court has not yet ruled on ABS’s post-trial motions. The Federal Circuit then dismissed ABS’s appeal of the IPR decision as moot. Cytonome cannot reasonably be expected to assert the patent against ABS in the future.