Mealey's Patents
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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.
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July 11, 2023
Board Erred In Review Of Solar Cell Assembly Patent, Owner Asserts
WASHINGTON, D.C. — In a recent appellant brief, a Singapore company tells the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board exceeded its authority when finding various claims of a patented solar cell assembly obvious under a theory never raised by a petitioner for inter partes review (IPR).
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July 11, 2023
Judge Seals AI Bus Lane Obstruction Patent Dispute Filings
NEW YORK — A federal judge granted a motion to seal, directing the defendants in a patent infringement case to seal original documents in a case alleging infringement of patents on artificial intelligence technology designed to identify bus lane obstructions. A motion seeking a preliminary injunction is pending.
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July 03, 2023
Video Embedding Patent Claims Are Obvious, Federal Circuit Affirms
WASHINGTON, D.C. — In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on June 30 said substantial evidence supports findings by the Patent Trial and Appeal Board that five apparatus claims of a video embedding patent would be obvious to a person of skill in the art.
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July 07, 2023
In Delaware Patent Row, Plaintiff Granted Leave To Bolster Eligibility Claim
WILMINGTON, Del. — A federal magistrate judge in Delaware on July 6 granted a plaintiff leave to amend its complaint in order to further defend the eligibility of two patents, on the heels of a decision that said the technology is directed to the abstract idea of “synchronizing multiple versions” of a file “across network computers.”
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July 06, 2023
Patent Owner Notifies Board It Will Appeal Inter Partes Review
ALEXANDRIA, Va. — Recent findings by the Patent Trial and Appeal Board that Apple Inc. should prevail in its challenge of a patented wireless charging and communication device will be reviewed by the Federal Circuit U.S. Court of Appeals, the patent owner has informed the board.
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July 05, 2023
In Dispute Over DNA Sorting Technology, Res Judicata Findings Reversed
WASHINGTON, D.C. — A Wisconsin federal judge’s rejection of induced infringement allegations leveled over a patented method of sorting bull sperm cells for the production and sale of “sexed semen straws” was based upon an erroneous interpretation of an earlier judgment entered against the defendant, the Federal Circuit U.S. Court of Appeals ruled July 5.
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July 03, 2023
Intel Petitions Board For Cancellation Of ‘Header Repetition’ Patent Claims
ALEXANDRIA, Va. — In a July 3 request for inter partes review (IPR), Intel Corp. tells the Patent Trial and Appeal Board that a patent relating to methods and systems for header repetition in a communications environment would have been obvious to a person of skill in the art (POSITA) in 2009.
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July 03, 2023
Longstanding Test For Design Patent Obviousness To Be Addressed En Banc
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals said June 30 that it will rehear, en banc, a patent dispute between a licensor and former licensee and invited the solicitor general to weigh in on the continued viability of the test for design patent obviousness, which has been in place for decades.
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June 30, 2023
Refusal By Patent Board Of Amended Claims Upheld By Federal Circuit
WASHINGTON, D.C. — A bid by a patent owner to substitute nine claims of a botulinum toxin patent following adverse post-grant review (PGR) proceedings was properly rejected by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals found.
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June 30, 2023
Intel Can’t Persuade Federal Circuit To Undo Patentability Holding
WASHINGTON, D.C. — The Patent Trial and Appeal Board’s holding that seven claims of a power supply patent were not proven unpatentable by inter partes review (IPR) petitioner Intel Corp. is supported by substantial evidence, the Federal Circuit U.S. Court of Appeals has ruled.
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June 30, 2023
Patent Dispute Over Tool Used In Oil, Gas Drilling Industry Partly Reinstated
WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals has ruled that although a Texas federal judge correctly construed two disputed claim terms, his subsequent finding of noninfringement with regard to a patented tool and method for moving oil and gas drilling pipes must be reversed, in part.
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June 28, 2023
Panel Says Texas Federal Judge Did Not Abuse Discretion In Patent Row
WASHINGTON, D.C. —The Federal Circuit U.S. Court of Appeals in a June 27 order said that a dispute over eight Wi-Fi patents will remain in the Waco Division of the U.S. District Court of the Western District of Texas (WDTX).
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June 27, 2023
Google To Federal Circuit: Patent Board Failed To Fully Consider Petition
WASHINGTON, D.C. — The Patent Trial and Appeal Board wrongly upheld as patentable some claims of a patented thermostatic HVAC control system, Google LLC maintains in a new appeal.
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June 26, 2023
High Court Follows Solicitor General Recommendation, Denies Cert In Patent Row
WASHINGTON, D.C. — On the heels of a recent amicus curiae brief by the U.S. solicitor general stating that a dispute over three coding patents is not certiorari worthy, the U.S. Supreme Court on June 26 refused to weigh in on the case.
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June 26, 2023
Car Seat Maker Accused Of Infringement Prevails On Priority Date Issue
BOSTON — A federal magistrate judge in Massachusetts has granted a defendant summary judgment on its position that a plaintiff patent owner is not entitled to the priority dates it claimed in four patents relating to collision safety.
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June 23, 2023
Board Claim Construction Of Disputed Patent Term Was Proper, Panel Finds
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 22 upheld cancellation by the Patent Trial and Appeal Board of a Broadcom Corp. video-on-demand patent.
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June 22, 2023
Patentee Disclosed Colitis Treatment In Clinical Trial Data, Petitioner Alleges
ALEXANDRIA, Va. — Samsung Bioepis Co. Ltd. tells the Patent Trial and Appeal Board in a June 21 petition for inter partes review (IPR) that various claims of a patented method for treating ulcerative colitis (UC) with ustekinumab “should never have issued.”
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June 22, 2023
Intel Tells Federal Circuit VLSI Power Down Patent Correctly Declared Obvious
WASHINGTON, D.C. — In a June 21 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Intel Corp. defends a final written decision by the Patent Trial and Appeal Board that canceled various claims of a patented method of power reduction.
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June 21, 2023
Panel Upholds Sanction, Kessler Findings By Florida Federal Judge In Patent Row
WASHINGTON, D.C. — A patent owner’s subsequent infringement action against the same defendant following dismissal with prejudice of litigation involving the same patents and accused product was precluded under the Kessler doctrine, the Federal Circuit U.S. Court of Appeals said June 21.
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June 21, 2023
Bosch, Mercedes-Benz Challenge To Fuel Injection Patent Turned Away
ALEXANDRIA, Va. — The Patent Trial and Appeal Board on June 20 denied institution of inter partes review (IPR) of a patent directed to high pressure fuel injection valves or injectors, upon finding that petitioners Robert Bosch LLC and Mercedes-Benz USA LLC failed to establish a reasonable likelihood of prevailing on their assertions of patent obviousness.