Innovaport LLC v. Target Corporation

Case: 24-1545 Document: 34 Page: 1 Filed: 02/06/2026

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ INNOVAPORT LLC, Plaintiff-Appellant v. TARGET CORPORATION, Defendant-Appellee ______________________ 2024-1545 ______________________ Appeal from the United States District Court for the Western District of Wisconsin in No. 3:22-cv-00425-wmc, Judge William M. Conley. ______________________ Decided: February 6, 2026 ______________________ MICHAEL T. GRIGGS, Boyle Fredrickson, S.C., Milwau- kee, WI, argued for plaintiff-appellant. Also represented by ADAM BROOKMAN, MARRIAM LIN.

LANCE E. WYATT, JR., Fish & Richardson P.C., Dallas, TX, argued for defendant-appellee. Also represented by NEIL J. MCNABNAY, MICHAEL VINCENT. ______________________ Before REYNA, STOLL, and CUNNINGHAM, Circuit Judges.

Case: 24-1545 Document: 34 Page: 2 Filed: 02/06/2026

2 INNOVAPORT LLC v. TARGET CORPORATION

CUNNINGHAM, Circuit Judge.

Innovaport LLC (“Innovaport”) appeals the United States District Court for the Western District of Wiscon- sin’s grant of Target Corporation’s (“Target”) motion for summary judgment of invalidity under 35 U.S.C. § 101 for the asserted claims of U.S. Patent No. 8,775,260 (the “’260 patent”), U.S. Patent No. 8,787,933 (the “’933 patent”), U.S. Patent No. 9,489,690 (the “’690 patent”), U.S. Patent No. 9,990,670 ( the “’670 patent”), U.S. Patent No. 7,231,380 (the “’380 patent”), and U.S. Patent No. 7,819,315 (the “’315 patent”). See Innovaport, LLC v. Target Corp., No. 22-CV-425-WMC, 2024 WL 451308, at *7 (W.D. Wis. Feb. 6, 2024) (“Decision”). For the follow- ing reasons, we affirm.

I. BACKGROUND On January 20, 2023, Innovaport filed the operative First Amended Complaint, accusing Target of infringing one or more of the asserted claims of the ’260, ’933, ’690, ’670, ’380, and ’315 patents.1 J.A. 201–31; see Decision at *1. The asserted patents each claim priority to U.S. Pro- visional Application No. 60/158,444 and share, in relevant part, a specification. See Decision at *1. The asserted pa- tents claim systems and methods for providing product lo- cation within a store. See, e.g., ’260 patent col. 16 ll. 26–57;

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INNOVAPORT LLC v. TARGET CORPORATION 3

’933 patent col. 16 l. 32 to col. 17 l. 3; ’690 patent col. 16 ll. 18–45; ’670 patent col. 16 l. 41 to col. 17 l. 9; ’380 patent col. 16 l. 40 to col. 17 l. 5; ’315 patent col. 16 ll. 24–50. The asserted patents explain that in stores that sell many prod- ucts, shoppers may struggle to locate desired goods. ’260 patent col. 1 ll. 38–46. The asserted patents criticize prior art signs as being “difficult to read” and “limited in that only a small amount of information can be fit onto the signs.” ’260 patent col. 1 ll. 47–57. The asserted patents also explain that “asking an employee of the store to direct them to the products they are looking for” has the “signifi- cant disadvantages” that “store employees are not always able to provide clear instructions and, indeed, frequently do not themselves know where various products are lo- cated,” and that “a constant barrage of product location questions to employees from shoppers invariably detracts from the employees’ productivity.” ’260 patent col. 1 l. 58 to col. 2 l. 12. Moreover, the asserted patents note that “many modern stores have a computerized or other infor- mation system that is utilized to keep track of the stores’ inventory.” ’260 patent col. 2 ll. 21–29. The asserted pa- tents seek to solve these issues with methods and systems for providing product location information within a store.

See, e.g., ’260 patent col. 3 l. 15 to col. 4 l. 10.

Claim 15 of the ’260 patent, which the district court found to be representative, Decision at *7, recites: 15. A method of providing product location infor- mation within a first store, the method comprising: providing a hub that is at least indirectly in communication with each of a plurality of user interfaces, and that is capable of ac- cessing at least one database, the at least one database including both product loca- tion information and additional product-re- lated information, Case: 24-1545 Document: 34 Page: 4 Filed: 02/06/2026

For example, claim 1 of the ’933 patent recites: 1. A method of providing product location infor- mation within a first store, the method comprising: providing a plurality of devices including a mobile device, wherein the plurality of de- vices are in communication with one an- other, wherein at least one of the devices includes at least one user interface, and Case: 24-1545 Document: 34 Page: 5 Filed: 02/06/2026

INNOVAPORT LLC v. TARGET CORPORATION 5 wherein at least one of the devices includes at least one information storage device, wherein the at least one information stor- age device includes both product location information and additional product-related information that includes information re- garding at least one of information concern- ing a quantity of a first product within the store, information concerning a price of the product, information concerning a presence or absence of the product within the store, information concerning a time at which the product should be available at the store if the product is currently absent from the store, and information linking the product with another product in a cross-referential manner, and further information concern- ing at least one past location inquiry of a customer; receiving an input signal at least indirectly by way of the at least one user interface; querying the information storage device to obtain portions of the product location in- formation and the additional product-re- lated information in response to the input signal; and providing a product location information signal in response to the input signal, for receipt by the at least one user interface, whereby the at least one user interface is able to provide an output signal based upon the product location information signal, wherein the output signal provides at least one suggestion to the customer in accord- ance with one or more preferences of the Case: 24-1545 Document: 34 Page: 6 Filed: 02/06/2026

Target moved for summary judgment of invalidity of all asserted claims under 35 U.S.C. § 101, while Innovaport cross-moved for partial summary judgment as to Target’s § 101 defense. See Decision at *1. The district court granted Target’s motion and denied Innovaport’s motion.

Innovaport timely appealed. We have jurisdiction pur- suant to 28 U.S.C. § 1295(a)(1).

II. DISCUSSION “We review the court’s grant of summary judgment un- der the law of the regional circuit; here, the Seventh Cir- cuit’s de novo standard.” Rapid Litig. Mgmt. Ltd. v. CellzDirect, Inc., 827 F.3d 1042, 1046–47 (Fed. Cir. 2016). “The issue of patent-eligibility under § 101 is a question of law that we review without deference.” Id. at 1047.

To determine whether a patent claim is directed to pa- tent-ineligible subject matter under 35 U.S.C. § 101, we ap- ply the two-step framework set forth by the Supreme Court in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66 (2012) and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014). At step one, we determine whether the claims at issue are “directed to” a patent-inel- igible concept. Alice, 573 U.S. at 217; accord Mayo, 566 U.S. at 77. At step two, we “consider the elements of each claim both individually and ‘as an ordered combina- tion’ to determine whether the additional elements ‘trans- form the nature of the claim’ into a patent-eligible application.” Alice, 573 U.S. at 217 (quoting Mayo, U.S. at 78–79). The Supreme Court has described the Case: 24-1545 Document: 34 Page: 7 Filed: 02/06/2026

INNOVAPORT LLC v. TARGET CORPORATION 7 step two analysis “as a search for an ‘inventive concept.’”

Id. at 217 (quoting Mayo, 566 U.S. at 72).

On appeal, Innovaport contends that the district court erred by determining claim 15 of the ’260 patent to be rep- resentative of all the asserted claims across the six patents, Appellant’s Br. 17–23, and by holding various claims inva- lid based on patent-ineligible subject matter at both step one and step two, Appellant’s Br. 23–63. In its briefing and at oral argument, Innovaport presented argument on four sets of claims: (1) claim 1 of the ’933 patent, Appellant’s Br. 39–41, 50–51; (2) claim 15 of the ’260 patent, Appel- lant’s Br. 41–42, 51–52; (3) claim 1 of the ’670 patent and claim 1 of the ’690 patent, Appellant’s Br. 34–39, 44–50, 54–55, which it concedes “rise and fall together,” Oral Arg.

13:10–13:20, https://www.cafc.uscourts.gov/oral-argu- ments/24-1545_08062025.mp3; and (4) various claims of the ’315 patent and the ’380 patent, Appellant’s Br. 52–54.

We need not address Innovaport’s representativeness ar- gument, because even if we agreed that the differences among the claims are “material to the eligibility analysis,” we would still hold that “each separate claim (i.e., those not fairly represented by the purported representative claim) is ineligible for patenting.” Mobile Acuity Ltd. v. Blippar Ltd., 110 F.4th 1280, 1291 (Fed. Cir. 2024); King Pharms., Inc. v. Eon Labs, Inc., 616 F.3d 1267, 1278 (Fed. Cir. 2010) (“As an appellate court, we are not limited to a district court’s stated reasons for invalidating claims and can af- firm a grant of summary judgment on any ground sup- ported by the record and adequately raised below.”); Target Summary Judgment Brief at 9–21 (addressing all asserted claims); see Decision at *7 (addressing Innovaport’s “strongest example,” claim 1 of the ’933 patent). Accord- ingly, at each step of the Alice/Mayo test, we begin by ad- dressing and rejecting Innovaport’s challenges applicable Case: 24-1545 Document: 34 Page: 8 Filed: 02/06/2026

A.

We start with Innovaport’s challenges to the district court’s analysis under Alice/Mayo step one. As an initial matter, we reject Innovaport’s argument that the district court erred by characterizing all of the asserted claims as “directed to the abstract idea of collecting, analyzing, re- trieving, and displaying information,” specifically by: “(1) collecting product-related information; (2) analyz- ing the product information (i.e., cross-referentially linking the products); (3) receiving a product-location inquiry; (4) retrieving product-location information in response to the query; and (5) presenting the product-location infor- mation plus some additional information.” Decision at *4; see Appellant’s Br. 23–31. Innovaport contends that in- stead, the claims are “directed to a specific organization of data that produces a particular response when a customer submits a product location inquiry,” implemented by “link- ing related products in a database and providing a sugges- tion regarding a product.” Appellant’s Br. 27. We disagree.

The district court’s characterization accurately reflects that claim 1 of the ’933 patent, for example, covers “receiv- ing an input signal” from a user interface, “querying the information storage device to obtain portions of the product location information and the additional product-related in- formation in response to the input signal,” “providing a product location information signal in response to the input signal . . . based upon the product location information sig- nal,” and “provid[ing] at least one suggestion to the

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INNOVAPORT LLC v. TARGET CORPORATION 9 customer in accordance with one or more preferences of the customer.” ’933 patent claim 1. Beyond the addition of the words “specific organization of data,” Innovaport’s charac- terization of the claims is not meaningfully different from the district court’s characterization—both characteriza- tions capture “linking the products” and “presenting [ ] product-location information” and “additional information” after a user submits “a product-location inquiry.” Compare Appellant’s Br. 27, with Decision at *4. There is no “spe- cific organization of data” claimed beyond the functionally- claimed linking of two products. Accordingly, we agree with the district court’s characterization of the asserted claims.

We also agree with the district court that claim 1 of the ’933 patent is directed to an “abstract idea” of “collecting, analyzing, retrieving, and displaying information,” and “customizing information.” Decision at *4, *7.3 “[A] telltale sign of abstraction” is when the claimed functions are “mental processes that ‘can be performed in the human mind’ or ‘using a pencil and paper.’” PersonalWeb Techs.

LLC v. Google LLC, 8 F.4th 1310, 1316 (Fed. Cir. 2021) (quoting CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1371–72 (Fed. Cir. 2011)). We have previ- ously held “analyzing information by steps people go through in their minds” and “collecting information, in- cluding when limited to particular content” to be abstract ideas. Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1353–54 (Fed. Cir. 2016) (“[M]erely presenting the results of abstract processes of collecting and analyzing in- formation, without more (such as identifying a particular

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Claim 1 of the ’933 patent requires: (1) “receiving an input signal;” (2) “querying [an] information storage device to obtain portions of the product location information and the additional product-related information;” (3) “providing a product location information signal;” and providing “at least one suggestion to the customer in accordance with one or more preferences of the customer, including location in- formation concerning a location of at least one item of in- terest to the customer.” Each of these steps could be performed by humans, or on pen and paper. A store clerk could receive a question from a customer regarding where a product is, use a catalog to determine where that product is, tell a customer where that product is, and give that cus- tomer a suggestion of another product location based on past inquiries from the customer. Thus, claim 1 of the ’933 patent is focused on “‘collecting information, analyzing it, and displaying certain results,’ which places [it] in the ‘fa- miliar class of claims “directed to” a patent-ineligible con- cept.’” Trinity Info Media, LLC v. Covalent, Inc., 72 F.4th 1355, 1362 (Fed. Cir. 2023) (quoting Elec. Power, 830 F.3d at 1353). Even though claim 1 of the ’933 patent requires a “mobile device” and an “information storage device,” it does not alter the analysis. See, e.g., In re TLI Commc’ns LLC Pat. Litig., 823 F.3d 607, 613 (Fed. Cir. 2016) (“[A]lthough the claims limit the abstract idea to a partic- ular environment—a mobile telephone system—that does not make the claims any less abstract for the step 1 analy- sis.”). Thus, claim 1 of the ’933 patent is directed to an ab- stract idea.

The specification confirms that the asserted claims are directed to an abstract idea using computers as a tool, not an improvement in computer capabilities. For “software- based inventions” such as this one, “Alice/Mayo step one ‘often turns on whether the claims focus on the specific as- serted improvement in computer capabilities or, instead, Case: 24-1545 Document: 34 Page: 11 Filed: 02/06/2026

INNOVAPORT LLC v. TARGET CORPORATION 11 on a process that qualifies as an abstract idea for which computers are invoked merely as a tool.’” Trinity, 72 F.4th at 1362–63 (quoting In re Killian, 45 F.4th 1373, 1382 (Fed. Cir. 2022)). The specification describes the business drawbacks of shoppers “asking an employee of the store to direct them to the products they are looking for,” ’260 pa- tent col. 1 l. 58 to col. 2 l. 12, and recites “generic compu- ting terms,” Trinity, 72 F.4th at 1364, such as “user interfaces,” ’260 patent col. 4 l. 59, “a central computer da- tabase,” id. col. 5 ll. 30–31, “standard communications pro- tocols,” id. col. 5 l. 65, and “a standard typewriter (QWERTY-type) keyboard,” id. col. 10 l. 14–15. In other words, the specification focuses on how to solve a business problem using off-the-shelf technology, rather than an im- provement to computer technology. The specification sup- ports holding that the claims are directed to an abstract idea.

Innovaport contends that the asserted “claims recite a ‘specific technique’ that improved the technical functioning of the computer network, e.g., linking related products in the database provided a more efficient way to store product information and to present pertinent information to a cus- tomer (including information that was not requested by the customer) in response to an inquiry.” Appellant’s Br. 29.

Similarly, Innovaport contends that claim 1 of the ’933 pa- tent is not abstract because it recites “providing a sugges- tion for an ‘item of interest’ based upon a past search of a customer.” Appellant’s Br. 40.

However, the purported technical advantage In- novaport suggests is that “the customer[s] receive[ ] infor- mation in real-time about the product they were looking for (e.g., product location of a toothbrush) and information about related products that was not requested (e.g., floss is on sale).” Appellant’s Br. 29. But “improving a user’s ex- perience while using a computer application is not, without more, sufficient to render the claims directed to an im- provement in computer functionality” or the functionality Case: 24-1545 Document: 34 Page: 12 Filed: 02/06/2026

This case is distinguishable from the cases cited by In- novaport. For example, Innovaport relies on Data Engine Technologies LLC v. Google LLC, 906 F.3d 999, 1003, 1010–11 (Fed. Cir. 2018), in which we held that claims di- rected to a “method of implementing a notebook-tabbed in- terface, which allows users to easily navigate through three-dimensional electronic spreadsheets” were patent el- igible, and SRI International, Inc. v. Cisco Systems, Inc., 930 F.3d 1295, 1303 (Fed. Cir. 2019), in which we held to be patent-eligible claims directed to “using a plurality of network monitors that each analyze specific types of data on the network and integrating reports from the monitors.”

Appellant’s Br. 27–29. Unlike here, the claims in each of those cases were patent-eligible because they presented technological solutions to technological problems. Thus, Case: 24-1545 Document: 34 Page: 13 Filed: 02/06/2026

INNOVAPORT LLC v. TARGET CORPORATION 13 we agree with the district court that claim 1 of the ’933 pa- tent is directed to an abstract idea.4 The remaining claims fare no better. Innovaport notes that claim 15 of the ’260 patent is the “broadest of the 55 asserted claims.” Appellant’s Br. 17. Innovaport contends that claim 15 of the ’260 patent “recites storing specific types of information in a database in addition to product location information,” and “specifies that at least some of the communication within the system is wireless commu- nication, which further limits the configuration of the re- cited claim elements.” Appellant’s Br. 41–42. Storing specific types of information is merely “collecting infor- mation,” which falls “within the realm of abstract ideas.”

Elec. Power, 830 F.3d at 1353. And wireless communica- tion is a “routine process[ ] implemented by a general-pur- pose device (e.g., a handheld mobile device) in a conventional way.” United Servs. Auto. Ass’n v. PNC Bank N.A., 139 F.4th 1332, 1337 (Fed. Cir. 2025) (holding pa- tent-ineligible a claim that included a limitation of “using

4 Innovaport contends throughout that the district court erred by deviating from its prior reasoning in In- novaport LLC v. Lowe’s Home Ctrs., LLC, No. 21-CV-418- WMC, 2022 WL 1078548, at *1–3 (W.D. Wis. Apr. 11, 2022), in which the same judge denied a Rule 12(b)(6) mo- tion to dismiss several of the same claims at issue here.

See, e.g., Appellant’s Br. 8–10, 12–14, 24–26, 38–39, 41–43.

Innovaport cites no basis to preclude the district court from changing its mind about the merits of Innovaport’s litiga- tion position. Cf. Beacon Oil Co. v. O’Leary, 71 F.3d 391, 395 (Fed. Cir. 1995) (“[T]here can be no collateral estoppel against a [party] who has not had ‘a full and fair oppor- tunity to litigate the claim’ at issue.” (second alteration in original) (quoting Mendenhall v. Cedarapids, Inc., 5 F.3d 1557, 1571 (Fed. Cir. 1993)).

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Innovaport contends that claim 1 of the ’670 patent and claim 1 of the ’690 patent are not directed to an abstract idea because they recite “information storage device[s]” that “include[ ] both product location information and ad- ditional product-related information linking a product with an other [sic] product in a cross-referential manner,” along with an output signal that “includes location information concerning the product and also provides at least one sug- gestion related to the other product.” Appellant’s Br. 34; ’670 patent claim 1; see ’690 patent claim 1. Innovaport’s example of this is that “if a customer searches for a tooth- brush, the output signal may include location information for the toothbrush (as requested by the customer) and ad- ditional information about a sale on floss (which was not requested by the customer).” Appellant’s Br. 34. As the specification explains, the information storage device can be a generic computer with “processing circuitry and a da- tabase containing product location information,” ’260 pa- tent col. 3 ll. 32–38, and the output signal, as exemplified by Innovaport’s toothbrush hypothetical, is a patent-ineli- gible “method of organizing human activity.” Alice, U.S. at 220. Claim 1 of the ’670 and claim 1 of the ’690 patent, which “rise and fall together,” Oral Arg. at 13:10– 20, are directed to an abstract idea.5

However, “[t]here is no indication the district court failed to presume the patents were valid. And courts are not re- quired to defer to Patent Office determinations as to eligi- bility.” Sanderling Mgmt. Ltd. v. Snap Inc., 65 F.4th 698, 705 (Fed. Cir. 2023).

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INNOVAPORT LLC v. TARGET CORPORATION 15

The ’380 and the ’315 patents contain system claims.

Innovaport contends that the following limitations render certain claims of the ’380 and ’315 patents non-abstract, see Appellant’s Br. 52–54: (1) A “user interface” positioned in a store “in a substantially stationary manner,” see ’380 pa- tent claim 1; ’315 patent claim 1; (2) “a database containing product location information and additional product-re- lated information including product availability infor- mation,” see ’380 patent claim 1; (3) an information signal that, when a product is unavailable, is configured “so that the output signal provided by the user interface does not provide an indication that the product is available at the location,” see ’380 patent claim 1; (4) updating the database “to reflect changes in inventory occurring within the store,” see ’380 patent claim 22; (5) storage in a database of “prod- uct location information, product availability information, and product promotion information,” see ’380 patent claim 25; (6) “a hub,” see ’315 patent claim 1; and (7) “a receiver configured to receive” “a voice signal” and “a speaker con- figured to provide” “a synthesized voice signal,” see ’315 pa- tent claim 2. We have reviewed the asserted claims of the ’380 and ’315 patents and conclude that nothing in them meaningfully differentiates them from claim 1 of the ’933 patent. All asserted claims of both the ’380 and ’315 pa- tents either add conventional technology or additional ab- stract ideas that do not render the claims directed to non- abstract ideas. Accordingly, we conclude that all 55 as- serted claims are directed to abstract ideas at Alice/Mayo step one.

B.

We now turn to Innovaport’s challenges to the district court’s analysis under Alice/Mayo step two. Appellant’s Br. 42–52. Innovaport contends that claim 1 of the ’933 pa- tent, claim 1 of the ’670, and claim 1 of the ’690 patent each contain an inventive concept in the combination of “link- ing” two products together in a cross-referential manner, giving a “suggestion” to a customer for another product, Case: 24-1545 Document: 34 Page: 16 Filed: 02/06/2026

“Linking” two products in a cross-referential manner and providing a recommendation about another product are not inventive concepts because they are merely the ab- stract ideas. “It has been clear since Alice that a claimed invention’s use of the ineligible concept to which it is di- rected cannot supply the inventive concept that renders the invention ‘significantly more’ than that ineligible concept.”

BSG Tech LLC v. Buyseasons, Inc., 899 F.3d 1281, 1290 (Fed. Cir. 2018).

The “mobile device” does not provide an inventive con- cept because it is a “mere recitation of a generic computer” that “cannot transform a patent-ineligible abstract idea into a patent-eligible invention.” Alice, 573 U.S. at 223.

The specification discloses that the mobile devices “can in- clude, for example, telephone or walkie-talkie type units, headphones, specialized eyeware, etc.” ’260 patent col. 14 ll. 42–44. Accordingly, “the mobile device is a piece of ge- neric hardware,” USAA, 139 F.4th at 1339, that does not save the asserted claims at Alice/Mayo step two.

Nor is this a case where an “ordered combination of limitations” gives rise to an inventive concept. Bascom Glob. Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1349 (Fed. Cir. 2016). The claims recite nothing more than routine business steps, implemented on a com- puter, rather than “fundamentally chang[ing] or im- prov[ing] how a computer functions.” USAA, 139 F.4th at 1339; cf. Appellant’s Br. 47–49 (citing Bascom, 827 F.3d

6 As noted above, the “suggestion” in the ’933 patent is based on a user’s past inquiries, while the ’670 and ’690 patents contain no such limitation.

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INNOVAPORT LLC v. TARGET CORPORATION 17 at 1350–51). Innovaport has not identified any inventive concept arising from any claims, individually or in an or- dered combination.

Lastly, Innovaport contends that summary judgment should be denied because there are still material disputes of fact, namely that cross-referencing, providing sugges- tions based on past searches, and receiving inquiries on mobile devices were unconventional and not well-under- stood or routine. Appellant’s Br. 61–62. There is no genu- ine dispute as to any material fact: Cross-referencing and providing suggestions are abstract ideas, so even if they are “‘[g]roundbreaking, innovative, or even brilliant,’ . . . that is not enough for eligibility.” SAP Am., Inc. v. InvestPic, LLC, 898 F.3d 1161, 1163 (Fed. Cir. 2018) (first alteration in original) (quoting Ass’n for Molecular Pathology v. Myr- iad Genetics, Inc., 569 U.S. 576, 591 (2013)). Additionally, as discussed above, the asserted patents themselves indi- cate the mobile devices are generic and conventional. Ac- cordingly, the district court did not err by granting summary judgment.

III. CONCLUSION We have considered Innovaport’s remaining argu- ments and find them unpersuasive.7 We affirm the district court’s judgment that the asserted claims are invalid under § 101.

AFFIRMED

Patent office guidance “is not, itself, the law of patent eli- gibility, does not carry the force of law, and is not binding in our patent eligibility analysis.” In re Rudy, 956 F.3d 1379, 1382 (Fed. Cir. 2020).