Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Fed. Cir.

Realtime Data LLC v. Reduxio Systems, Inc., No. 19-2198 (Fed. Cir. Oct. 23, 2020)

Vacated & Remanded
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 19-2198
Also Docketed
No. 19-2201, No. 19-2202, No. 19-2204 (consolidated; same document)
Decided
October 23, 2020
Judge
O'Malley, J.
Document
Nonprecedential Opinion
Length
19 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

In 1955, Judge Learned Hand called the court -created “invention requirement” “ the most baffling concept ” in all of patent law. Lyon v. Bausch & Lomb Optical Co. , 224 F.2d 530, 536 (2d Cir. 1955).1 Today, he would likely save 1 Essentially, the invention requirement instructed courts to invalidate patents that did not involve a true measure of invention, with little explanation of what that concept meant. See McClain v. Ortmayer , 141 U.S. 419, 427 (1891) (“In a given case we may be able to say that there is present invention of a very high order.