Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter
Patent – Patently-O 2024-11-01
Summary:
by Dennis Crouch
The Federal Circuit today issued two related opinions in long-running patent litigation between Cellspin and various technology companies including Fitbit, Nikon, Nike, and others. The decisions highlight important procedural issues in patent litigation while also addressing the timing requirements for judicial recusal motions. Collectively, they highlight the reality that the outcome of complex civil litigation often turns on procedural issues.
- Cellspin I (non-infringement)
- Cellspin II (recusal)
The litigation involves three Cellspin patents (U.S. 8,738,794; 8,892,752; and 9,749,847) all related to automatically uploading multimedia content. The patents describe a system where a data capture device (like a camera) connects to a mobile device via Bluetooth, which then automatically publishes the content online. Key claim elements included requirements for:
- A “user identifier” attached to data
- A continuously maintained “paired connection” between devices
- Specific processor configurations for data handling
Summary Judgment: Local Rules and Timing Matter
In the first decision, the Federal Circuit affirmed summary judgment of non-infringement on multiple grounds, with a key ruling centering on Cellspin’s belated attempt to rely on “OAuth” to satisfy the “user identifier” claim element.