Mealey's Patents

  • May 19, 2023

    ITC Correctly Construed Patent Limitation, Federal Circuit Affirms

    WASHINGTON, D.C. — The Regents of the University of California have failed to persuade the Federal Circuit U.S. Court of Appeals to undo a determination by the International Trade Commission (ITC) that myriad lighting retailers do not infringe two university patents.

  • May 18, 2023

    U.S. High Court Endorses Federal Circuit Enablement Standard

    WASHINGTON, D.C. — A unanimous U.S. Supreme Court on May 18 affirmed trial court and circuit court rulings that two Amgen Inc. patents on anti-cholesterol antibodies are not sufficiently enabled because they seek to cover “potentially millions” of antigens that they do not claim.

  • May 18, 2023

    Telecomm Co. To Board: Bandwidth Allocation Patent Is Novel, Nonobvious

    ALEXANDRIA, Va. — In a preliminary patent owner response, Corrigent Corp. maintains that its patented system that determines bandwidth needs, maps logistical network topology to physical network topology and allocates the bandwidth accordingly should not be subjected to inter partes review (IPR) by the Patent Trial and Appeal Board.

  • May 18, 2023

    Cybersecurity Company’s Mandamus Request For New PTAB Panel Rejected

    WASHINGTON, D.C. — A bid by a cybersecurity company for mandamus relief from a decision by the Patent Trial and Appeal Board instituting inter partes review (IPR) of a packet-filtering patent has been turned away by the Federal Circuit U.S. Court of Appeals.

  • May 16, 2023

    In Response, Patent Owner Accuses Petitioners Of ‘Gamesmanship’

    ALEXANDRIA, Va. — Litigation in Delaware federal court should take precedence over a recently filed petition for inter partes review (IPR), a patent owner tells the Patent Trial and Appeal Board, noting that trial in Delaware will occur before the board can reach a final written decision.

  • May 16, 2023

    Graco To Federal Circuit: ‘No Dispute’ That Baby Swing Does Not Infringe

    WASHINGTON, D.C. — Graco Inc. and its parent company urge the Federal Circuit U.S. Court of Appeals to uphold a summary judgment of noninfringement awarded to them by a federal judge in California, on grounds that a patentee’s invention for an infant soothing device is “fundamentally different” than an accused baby swing.

  • May 16, 2023

    Longstanding Patent Row Over ‘Carve-Out’ Label Ends In Cert Denial

    WASHINGTON, D.C. — A decision on rehearing by the Federal Circuit U.S. Court of Appeals that reinstated a $234 million award in favor of GlaxoSmithKline LLC (GSK) will stand in light of the U.S. Supreme Court’s May 15 denial of a generic drugmaker’s petition for writ of certiorari.

  • May 16, 2023

    Pro Se Patent, Antitrust Claims Against Apple Are Frivolous, Panel Affirms

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has joined a California federal judge in declaring pro se antitrust and patent infringement claims by a frequent litigant frivolous in a win for Apple Inc.

  • May 15, 2023

    High Court Denies Cert In Patent Eligibility Cases Despite U.S. Position

    WASHINGTON, D.C. — In its May 15 order list, the U.S. Supreme Court announced that it will not review two cases that sought clarification on the abstract-idea exception to patent eligibility.

  • May 15, 2023

    Patent Owner Loses Appeal Of Ineligibility Holding By New York Court

    WASHINGTON, D.C. — A federal judge in New York did not err when declaring a computer-implemented method for processing financial transactions that involve “stored value items,” such as coupons or vouchers, ineligible for patenting, the Federal Circuit U.S. Court of Appeals has ruled.

  • May 15, 2023

    Inequitable Conduct Claim Against Ridge Wallet Will Proceed To Bench Trial

    LOS ANGELES — On remand from the Federal Circuit U.S. Court of Appeals, a federal judge in California has denied a request for summary judgment that a patented wallet with money clip is unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office (PTO).

  • May 12, 2023

    Vanda Patents For Treating ‘Non-24’ Are Obvious Federal Circuit Panel Affirms

    WASHINGTON, D.C. — A federal judge in Delaware did not err in declaring obvious four Vanda Pharmaceuticals Inc. patents relating to the use of tasimelteon to treat the sleep-wake disorder known as “non-24,” the Federal Circuit U.S. Court of Appeals said.

  • May 12, 2023

    Michigan Suit Over Parking Brake Actuator Patent Won’t Be Stayed

    DETROIT — A bid by defendants to stay patent litigation while the Patent Trial and Appeal Board assesses their pending petition for inter partes review (IPR) has been denied by a federal judge in Michigan, who instead ordered limited discovery relating to the supply chain of electric parking brakes accused of infringement.

  • May 12, 2023

    Patent Owner’s Appeal Of Adverse Review Fails Before Federal Circuit

    WASHINGTON, D.C. — A determination by the Patent Trial and Appeal Board that all claims of a data authentication patent challenged by Sony Interactive Entertainment LLC are obvious was supported by substantial evidence, the Federal Circuit U.S. Court of Appeals has ruled.

  • May 10, 2023

    Theories Of Motivation To Combine References Are Deficient, Patent Owner Says

    ALEXANDRIA, Va. — A patent owner on May 9 defended its at-home bodily fluid sample collection technology in a response filed with the Patent Trial and Appeal Board, arguing that a proposed combination of prior art would omit a key limitation.

  • May 10, 2023

    Federal Circuit Vacates, Remands Rejection Of Patent Application

    WASHINGTON, D.C. — The Patent Trial and Appeal Board “failed to address” arguments by Universal Electronics Inc. (UEI) that identified a “hole” in the rejection by an examiner of an application to patent a switching device, the Federal Circuit U.S. Court of Appeals ruled May 10, vacating and remanding the board’s decision.

  • May 09, 2023

    Federal Circuit Concludes Board Wrongly Declared Sanofi Patent Obvious

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 9 reversed a determination by the Patent Trial and Appeal Board that a patent directed to a drug delivery device is obvious over prior art.

  • May 09, 2023

    In New Post-Grant Review Petition, Anti-Malware Patent Faces Challenge

    ALEXANDRIA, Va. — In a May 8 filing with the Patent Trial and Appeal Board, the cybersecurity company Sophos Inc. says that “every one of the claimed features” of a patent relating to “threat detection of executable files” was disclosed in or rendered obvious by a prior art application.

  • May 09, 2023

    Patentholder Asks Supreme Court To Weigh In On Temporary PTO Appointments

    WASHINGTON, D.C. — A patent holder that received unfavorable patent validity and rehearing rulings from the U.S. Patent and Trademark Office (PTO) filed a reply brief supporting its petition for certiorari, asking the U.S. Supreme Court to provide guidance on when the temporary appointment of a government official runs afoul of the Federal Vacancies Reform Act (FVRA).

  • May 08, 2023

    Panel Turns Away Fee, Sanction Request By Patent Infringement Defendant

    WASHINGTON, D.C. — A Colorado federal judge did not abuse his discretion in denying a request for attorney fees and sanctions following a stipulated dismissal of an infringement action by a patent owner, the Federal Circuit U.S. Court of Appeals ruled May 8.

  • May 08, 2023

    Patent Owner Says Roku Waived Challenge To Board Prior Art Findings

    WASHINGTON, D.C. — A patent owner is urging the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that its claimed home theater appliance control technology is nonobvious, asserting that Roku Inc. conceded as much during an inter partes review (IPR).

  • May 08, 2023

    Apple Petition For Review Should Be Denied, Patent Owner Maintains

    ALEXANDRIA, Va. — In a May 5 filing with the Patent Trial and Appeal Board, the owner of a patent directed to miniaturized lenses with wide-angle fields of view that reduce the likelihood of mobile device modulation transfer function (MTF) or illumination degradation says a challenge to the validity of the technology is “deficient.”

  • May 05, 2023

    VLSI: On Remand, Patent Board Erred In Combining References

    WASHINGTON, D.C. — A reversal by the Patent Trial and Appeal Board of its initial position in two inter partes review (IPRs) of a motivation to combine prior art references was “error and unsupported by substantial evidence in at least four significant respects,” the patent owner tells the Federal Circuit U.S. Court of Appeals.

  • May 05, 2023

    RFID Firm Asks Supreme Court To Deny Case-Specific Patent Infringement Petition

    WASHINGTON, D.C. — A radio frequency identification (RFID) technology patent owner that prevailed in an underlying patent infringement lawsuit and a subsequent appeal urges the U.S. Supreme Court to deny its opponent’s petition for certiorari, asserting that the case-specific nature of the presented question regarding patent eligibility under Section 101 of the Patent Act makes the case a particularly unsuitable vehicle for the high court to address such matters.

  • May 05, 2023

    Panel:  Method For Detecting Gene Mutations Wrongly Declared Obvious By Board

    WASHINGTON, D.C. — In a win for an oncology company, the Federal Circuit U.S. Court of Appeals on May 5 vacated and remanded findings by the Patent Trial and Appeal Board that a system and method for detecting rare mutations and copy number variations in cell free DNA (cfDNA) would be obvious to a person of skill in the art.

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