Digest of Yufa v. TSI, Inc., No. 2014-1539 (Fed. Cir. Jan. 26, 2015) (nonprecedential). On appeal from N.D. Cal. Before Prost, Bryson and Wallach.

Procedural Posture: Pro se patent holder appealed summary judgment of non-infringement. CAFC affirmed.

  • Infringement: The district court did not err in granting summary judgment of non-infringement because patentee failed to raise specific facts showing that there is a genuine issue for trial. The court specifically found that defendant’s hypothetical interrogatory response did not constitute an admission and a declaration by defendant’s witness did not create a genuine issue regarding credibility by omission.
  • Appellate Jurisdiction: The Court decided that patentee had waived an argument based on a schematic diagram not previously presented to the district court despite appearing pro se before the district court, because patentee had the opportunity to present this argument to the district court and offered no extenuating circumstances preventing him from doing so.