Mealey's Patents
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August 11, 2023
Owner Of HVAC Control Patent Defends Technology In Brief To Federal Circuit
WASHINGTON, D.C. — A patent owner has urged the Federal Circuit to uphold findings by the Patent Trial and Appeal Board that 11 claims of a thermostatic HVAC control system patent are nonobvious, while also asserting that 17 other patent claims were wrongly canceled.
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August 11, 2023
Patent Board Must Revisit Rejected Application, Federal Circuit Says
WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that upheld an examiner’s rejection of an application to patent a way of improving cholesterol efflux activity was vacated Aug. 10 by the Federal Circuit U.S. Court of Appeals.
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August 10, 2023
Apple, Samsung Bid To To Stay Texas Federal Patent Litigation Fails
WACO, Texas — A dispute over the alleged infringement of wireless network switching patents will proceed in Texas, a federal judge has ruled, despite institution by the Patent Trial and Appeal Board (PTAB) of inter partes review (IPR) of 12 of the 13 patents at issue.
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August 09, 2023
Federal Circuit: Patent Board Wrongly Refused New Arguments, Evidence
WASHINGTON, D.C. — A petitioner for inter partes review (IPR) should have been permitted to present new arguments and evidence to rebut a claim construction first proposed in a patent owner response, the Federal Circuit U.S. Court of Appeals concluded Aug. 7.
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August 09, 2023
Panel Rejects Inventor’s Claim That Cancellation Of Patents Is A ‘Taking’
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Aug. 8 affirmed a final written decision (FWD) by the Patent Trial and Appeal Board that a patent intended for use in a home automation system would have been obvious to a person of skill in the art.
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August 07, 2023
Intervenor Hopeful Challenges AI Bus Software Company’s ‘Recklessly’ Filed Suit
NEW YORK — A company hoping to intervene in a business and patent dispute involving one of its subsidiaries over the ownership of an artificial intelligence bus driving system on Aug. 4 replied to an unopposed motion to intervene, raising issues regarding the plaintiff’s motion for a preliminary injunction and the choice of venue.
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August 07, 2023
GoPro Dodges New Trial, But Denied Fee Award By Delaware Federal Judge
WILMINGTON, Del. — A jury verdict that the GoPro “Omni” product does not infringe a camera rig patent will stand, but the action camera maker will not be awarded attorney fees it incurred in defending the allegations, a federal judge in Delaware has ruled.
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August 07, 2023
In Blow To Realtime, Panel Says Eligibility Analysis On Remand Was Proper
WASHINGTON, D.C. — Nearly three years after directing a federal judge in Delaware to revisit his finding of ineligibility with regard to five Realtime Data LLC patents, a divided Federal Circuit U.S. Court of Appeals has declared the same five patents — plus two new patents —ineligible after all.
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August 07, 2023
Petitioner Says Patent Board Fintiv Analysis Was Flawed, Seeks Rehearing
ALEXANDRIA, Va. — A recent petition for inter partes review (IPR) was wrongly denied institution by the Patent Trial and Appeal Board, the petitioner maintains in an Aug. 4 request for rehearing by the U.S. Patent and Trademark Office director pursuant to the office’s recently adopted Revised Interim Director Review Process.
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August 07, 2023
Data Processing Patent Deemed Indefinite By North Carolina Federal Judge
GREENSBORO, N.C. — A patent owner who demanded that the owner of an e-commerce website pay a $65,000 licensing fee saw its technology declared unpatentable as indefinite on Aug. 4 by a federal judge in North Carolina.
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August 07, 2023
Following Trial, Award, Delaware Federal Judge Defers Indefiniteness Ruling
WILMINGTON, Del. — Citing a planned, renewed motion for judgment as a matter of law that a patented medical device was not infringed, a federal judge in Delaware on Aug. 4 stayed a different motion for JMOL that asserts that the same patent is indefinite.
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August 02, 2023
Patent Defendants Fitbit, Nikon: Reject Bid To Disqualify Federal Judge
WASHINGTON, D.C. — A patent owner’s belated effort to undo a summary judgment of noninfringement fails on jurisdiction grounds, prevailing infringement defendants tell the Federal Circuit U.S. Court of Appeals.
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August 02, 2023
Federal Circuit: Patent Infringement Claims By SAP Not Compulsory
WASHINGTON, D.C. — An appeal of an adverse final judgment on claims of trade secret misappropriation and antitrust violations was transferred Aug. 1 to the Ninth Circuit U.S. Court of Appeals by the Federal Circuit U.S. Court of Appeals, which found that because patent infringement allegations by SAP America Inc., SAP Labs LLC and SAP SE (SAP, collectively), were not compulsory counterclaims, the Federal Circuit lacks jurisdiction.
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August 01, 2023
Petitioner: Patent Covers ‘Extremely Well-Known’ Flight Control Concept
ALEXANDRIA, Va. — A patent issued in 2014 that purportedly covers a system for controlling rotation about the vertical axis, or “yaw,” while an aircraft maintains a constant velocity flight path relative to the surface of the ground is obvious, a petitioner tells the Patent Trial and Appeal Board in a petition for inter partes review (IPR).
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August 01, 2023
Competitor’s Tech Infringes On Dynamic Batching Patent, AI Company Says
WILMINGTON, Del. — A competitor touts improvement in artificial intelligences’ “throughput” and latency from “dynamic batching” — a process FriendliAI Inc. says in a complaint filed in Delaware federal court that it only recently announced and which is protected by a patent.
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July 31, 2023
BMW, Others Can’t Shake Induced Patent Infringement Claims In Michigan
DETROIT — A federal judge in Michigan on July 28 denied a combined motion to dismiss allegations of induced infringement leveled against a trio of automakers in a patent dispute filed more than a decade ago.
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July 26, 2023
New Jersey Trade Secret Dispute Over Patent Application Will Proceed
TRENTON, N.J. — A claim by Nasdaq Inc. for violation of a New Jersey trade secret law in connection with the disclosure of an automated securities trading patent does not predate the law’s enactment, a federal judge in New Jersey ruled, denying a defendant’s motion for judgment as a matter of law.
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July 26, 2023
Patent Board Stands By Decision Denying Review Pursuant To Fintiv
ALEXANDRIA, Va. — A May 2023 discretionary denial of a petition for inter partes review (IPR) of a patent owned by the California Institute of Technology will remain in place, the Patent Trial and Appeal Board said July 25, denying a request for rehearing.
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July 25, 2023
Anti-‘Spoof’ Technology Wrongly Declared Ineligible For Patenting, Owner Says
WASHINGTON, D.C. — In an appellant brief filed with the Federal Circuit U.S. Court of Appeals, a provider of geolocation verification technology seeks reversal of a determination that a patent directed to allowing gaming providers to verify the location of an electronic device is ineligible for patenting.
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July 25, 2023
Board Upholds Rejection Of Anti-Frizz Shampoo Patent On Appeal
ALEXANDRIA, Va. — A claimed improvement to shampoo that reduces frizz without leaving hair feeling “sticky or greasy” would be obvious to a person of skill in the art, the Patent Trial and Appeal Board ruled July 24.
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July 24, 2023
In Antitrust Action Over Sham Patent Litigation, Document Production Ordered
PHILADELPHIA — Upon in camera review of 211 privileged and/or work product documents related to sham patent litigation, a federal judge in Pennsylvania has ordered AbbVie Inc. and Besins Healthcare Inc. (AbbVie, collectively) to produce nearly 20 exhibits to plaintiffs in an action alleging antitrust violations by the drugmakers.
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July 21, 2023
Celltrion Petition For Review Of Growth Factor Trap Patent Granted
ALEXANDRIA, Va. — The Patent Trial and Appeal Board on July 20 instituted inter partes review of a Regeneron Pharmaceuticals Inc. patent directed to a vascular endothelial growth factor (VEGF) antagonist, also known as “VEGF trap,” writing that a petitioner “has sufficiently shown error” by the U.S. Patent and Trademark Office (PTO) in its analysis of prior art.
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July 21, 2023
Board Institutes Inter Partes Review Of Patent Linked To Cancer Drug
ALEXANDRIA, Va. — A petitioner for inter partes review (IPR) has demonstrated that it will likely succeed in establishing that at least one challenged claim of a patent directed to a pharmaceutical composition cytidine analog should be canceled, the Patent Trial and Appeal Board revealed July 20.
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July 19, 2023
In Longstanding Patent Row, Request To Continue Trial Granted In Indiana
INDIANAPOLIS — A federal judge in Indiana has put the brakes on a planned August 2023 patent trial because of the unavailability of a defendant’s newly hired counsel and her finding that the complex nature of the case warrants granting a continuance.
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July 18, 2023
Federal Circuit Affirms: Poll-Based Networking Tech Ineligible For Patenting
WASHINGTON, D.C. — A federal judge in California did not err in dismissing allegations of infringement leveled in connection with two patents directed to methods and systems for connecting users based on their answers to polling questions, the Federal Circuit U.S. Court of Appeals ruled July 17.