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TDR Wins Reversal in Patent Case before the Federal Circuit Related to the F-35 Joint Strike Fighter

March 8, 2017

TDR partners Meredith Martin Addy and Daniel Konieczny and TDR associate Ashley Crettol Insalaco, members of TDR’s patent litigation and Federal Circuit practice, won an impressive victory before the U.S. Court of Appeals for the Federal Circuit.  The court reversed an adverse lower court decision in Thales Visionix, Inc. v. United States and Elbit Systems of America, 2015-5150 (Fed. Cir. 2017). TDR represented Thales Visionix, the patent holder.  Thales Visionix’s patent relates to relative navigation tracking used on the pilot helmets designed for the F-35 Joint Strike Fighter.

The Court of Federal Claims had dismissed Thales Visionix's patent infringement litigation, ruling on the pleadings that Thales Visionix’s patent did not cover patent eligible subject matter as defined in 35 U.S.C. § 101.  The Federal Circuit reversed, applying a two-step test set out by the Supreme Court in Alice Corp. Int’l. v. CLS Bank Int’l, 134 S.Ct. 2437 (2014).  Thales Visionix’s case is noteworthy because it is one of only 7 cases, out of close to 100, upholding patent eligibility since the Supreme Court’s decision in Alice in 2014.

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