Mealey's Patents
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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.
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July 18, 2023
Panel: Interferences Not Applicable To Patents With Post-2013 Priority Dates
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has ruled that patents that were filed under the newer first-inventor-to-file standard for determining priority cannot be subject to interference proceedings reserved for applications governed by the first-to-invent system.
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July 17, 2023
Gilead/Teva HIV Drug Patent Settlement Wasn’t Reverse Payment, Jury Finds
SAN FRANCISCO — A California federal jury has found that third-party payers and health insurers did not prove that an HIV patent settlement between Gilead Sciences Inc. and Teva Pharmaceuticals USA Inc. violated the federal antitrust law by including a reverse payment under which Teva delayed making and selling generic versions of the drugs Truvada and Atripla.
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July 14, 2023
Patent, Copyright, False Advertising Claims Won’t Proceed In Utah Dispute
SALT LAKE CITY — A lawsuit by two companies that assert a variety of intellectual property-related claims against a competitor and former employee was trimmed substantially by a federal judge in Utah at the summary judgment stage.
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July 14, 2023
Virginia Federal Judge Dismisses Challenge To Fintiv Instructions
ALEXANDRIA, Va. — The U.S. Patent and Trademark Office (PTO) has secured dismissal of a Virginia federal lawsuit in which two plaintiffs challenged reliance by the agency’s Patent Trial and Appeal Board on a set of nonexclusive factors for determining whether to institute post-grant review (PGR) of recently issued patents in the face of related parallel district court litigation.
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July 13, 2023
Lawsuit Against USPTO Tossed On Standing Grounds By D.C. Federal Judge
WASHINGTON, D.C. — Allegations the U.S. Patent and Trademark Office (USPTO) and its director must engage in formal rulemaking over the criteria used for deciding when to institute inter partes review (IPR) and post grant review (PGR) will not be reached by a District of Columbia federal judge, who found July 12 that the challenge fails for lack of standing.
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July 12, 2023
Federal Circuit: Rejection Of Reissue Patent Claims Was Not Erroneous
WASHINGTON, D.C. — Findings by the Patent Trial and Appeal Board upholding an examiner’s rejection of various claims associated with an application to reissue a patented float apparatus for a grill were upheld July 12 by the Federal Circuit U.S. Court of Appeals.
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July 11, 2023
Federal Circuit Sends Challenge Of Medtronic Patents Back To Board
WASHINGTON, D.C. — The Patent Trial and Appeal Board wrongly rejecting in full an inter partes review (IPR) petitioner’s claim that two Medtronic Inc. neurostimulation patents are obvious, the Federal Circuit U.S. Court of Appeals ruled July 10.
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July 11, 2023
In New Petition For Review, Utensil Patent Challenged As Obvious
ALEXANDRIA, Va. — Citing the “countless known advantages” associated with a utensil that combines the functions of a knife, fork and spoon “in a single structure,” such as the “spork,” a manufacturer of camping and other outdoor products on June 10 urged the Patent Trial and Appeal Board to cancel all 23 claims of an eating utensil system patent.
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July 11, 2023
Expert Testimony At Patent Trial Should Have Been Excluded, Appellant Says
WASHINGTON, D.C. — In a dispute over electronic drums and cymbals, an appellant tells the Federal Circuit U.S. Court of Appeals that a federal judge in Florida “abandoned its gatekeeping role and left for the jury to determine” whether an expert for a patent owner based his opinion of literal infringement on the wrong standard.