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Mealey's Patents

  • September 25, 2018

    Toyota To Federal Circuit: Terminate Patent Appeal Pursuant To Click-To-Call

    WASHINGTON, D.C. — Just two weeks after filing an appellant brief, Toyota Motor Corp. moved to terminate proceedings before the Federal Circuit U.S. Court of Appeals in view of the court’s recent ruling in Click-To-Call Techs., LP v. Ingenio, Inc., 2018 U.S. App. LEXIS 22839 (Fed. Cir. Aug. 16, 2018); on Sept. 21, an inter partes review (IPR) petitioner opposed termination, asserting that Toyota’s arguments are waived (Toyota Motor Corporation v. Reactive Surfaces Limited LLP, No. 18-1906, Fed. Cir.).

  • September 24, 2018

    Apple Bids To Stay, Transfer, Dismiss Delaware Patent Claims Denied

    WILMINGTON, Del. — In two decisions released Sept. 19, a Delaware federal magistrate judge rejected efforts by Apple Inc. to stay litigation pending the outcome of pending petitions for inter partes review (IPR) and covered business method (CBM) review of four “electronic wallet” patents and to dismiss the action for failure to state a claim (Universal Secure Registry LLC v. Apple Inc., et al., No. 17-585, D. Del., 2018 U.S. Dist. LEXIS 159539, 2018 U.S. Dist. LEXIS 159541).

  • September 21, 2018

    Patent Relating To Glaucoma Drug Not Obvious, Board Says

    ALEXANDRIA, Va. — In a Sept. 20 final written decision, the Patent Trial and Appeal Board confirmed the patentability of 28 claims of a patented multidose, self-preserved ophthalmic composition for the treatment of glaucoma, marketed by Alcon Research Ltd. as “Travatan” (Argentum Pharmaceuticals LLC v. Alcon Research Ltd., No. IPR2017-01053, PTAB).

  • September 21, 2018

    Cisco Petitions Board For Inter Partes Review Of Packet-Filtering Device

    ALEXANDRIA, Va. — A patent describing a packet-filtering device would have been obvious to a person of ordinary skill in the art, Cisco Systems Inc. maintains in a Sept. 18 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Cisco Systems Inc. v. Centripetal Networks Inc., No. IPR2018-01760, PTAB).

  • September 21, 2018

    Patentability Findings Upheld, But Federal Circuit Remands Dispute To Board

    WASHINGTON, D.C. — Although agreeing with the Patent Trial and Appeal Board that two grounds for invalidity were not established by two inter partes review petitioners, the Federal Circuit U.S. Court of Appeals on Sept. 20 nonetheless remanded for consideration of two additional grounds raised but not considered by the board (South-Tek Systems LLC, et al. v. Engineered Corrosion Solutions LLC, No. 17-2297, Fed. Cir., 2018 U.S. App. LEXIS 26838).

  • September 20, 2018

    Federal Circuit Clarifies Entire Market Value Rule In Revised Decision

    WASHINGTON, D.C. — Although denying rehearing or rehearing en banc, the Federal Circuit U.S. Court of Appeals on Sept. 20 revised its July holding that vacated a $140 million award in a patent infringement case (Power Integrations Inc. v. Fairchild Semiconductor Inc., et al., Nos. 16-2691, 17-1875, Fed. Cir.).

  • September 20, 2018

    Federal Circuit Affirms Rejection By Patent Board Of Obviousness Claims

    WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that confirmed the patentability of various claims of a malware detection patent was upheld Sept. 19 by the Federal Circuit U.S. Court of Appeals (Palo Alto Networks Inc. v. Finjan Inc., No. 2017-2059, Fed. Cir., 2018 U.S. App. LEXIS 26623).

  • September 18, 2018

    Patent Board Applied Wrong Legal Standards, Federal Circuit Says

    WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that declared eight claims of a patent covering a method of forming 2,5-furan dicarboxylic acid (FDCA) nonobvious was reversed Sept. 17 by the Federal Circuit U.S. Court of Appeals (E.I. duPont de Nemours and Company v. Synvina C.V., No. 17-1977, Fed. Cir., 2018 U.S. App. LEXIS 26194).

  • September 18, 2018

    Federal Circuit Affirms Patent Claim Construction In Win For AT&T

    WASHINGTON, D.C. — A Texas federal judge properly construed “ethernet packet switching protocol,” as the term appears in a patent relating to wireless network connectivity, and in subsequently granting AT&T Mobility LLC a summary judgment of noninfringement, the Federal Circuit U.S. Court of Appeals ruled Sept. 17 (Advanced Media Networks LLC v. AT&T Mobility LLC, No. 18-1014, Fed. Cir., 2018 U.S. App. LEXIS 26197).

  • September 14, 2018

    Dispute Over Patented Rotatable Boat Step Lands Before Federal Circuit

    WASHINGTON, D.C. — A Virginia federal judge “at every turn” demonstrated a “basic misunderstanding of substantive patent law” in overseeing a patent infringement trial that yielded an award of enhanced damages, an appellant recently told the Federal Circuit U.S. Court of Appeals (Cobalt Boats LLC v. Brunswick Corporation, No. 18-1376, Fed. Cir.).

  • September 14, 2018

    University Tells Federal Circuit: State Patent Owners Can Choose Venue

    WASHINGTON, D.C. — In a recent appellant brief, the Board of Regents of the University of Texas and TissueGen Inc. maintain before the Federal Circuit U.S. Court of Appeals that a Texas federal judge erred in transferring a patent infringement action to Delaware federal court (Board of Regents of the University of Texas, et al. v. Boston Scientific Corp., No. 18-1700, Fed. Cir.).

  • September 13, 2018

    Patent Board Findings Upheld In Cross-Appeal To Federal Circuit

    WASHINGTON, D.C. — Three final written decisions by the Patent Trial and Appeal Board that deemed various claims of a wireless transmission patent obvious and confirmed others as patentable were affirmed Sept. 13 by the Federal Circuit U.S. Court of Appeals (ParkerVision Inc. v. Qualcomm Inc., Nos. 2017-2012, -2013, -2014, -2074, Fed. Cir.).

  • September 13, 2018

    Owner Prevails Before Board In Dispute Over Toolbar Update Patent

    ALEXANDRIA, Va. — In a final written decision issued Sept. 13, the Patent Trial and Appeal Board turned away a challenge by Unified Patents Inc. of an invention relating to updating a toolbar on an internet device (Unified Patents Inc. v. MyMail Ltd, No. IPR2017-00967, PTAB).

  • September 13, 2018

    Britax Car Seat Belt Tensioning Patent Is Obvious, Petitioner Says

    ALEXANDRIA, Va. — In a Sept. 11 petition for inter partes review filed with the Patent Trial and Appeal Board, the maker of the popular “Pipa” front- and rear-facing child car seat takes aim at a Britax Child Safety Inc. patent covering a tensioning mechanism for applying tension to a seat belt (Nuna Baby Essentials Inc. v. Britax Child Safety Inc., No. IPR2018-01683, PTAB).

  • September 12, 2018

    Patent Board Sides With Comcast, Cancels Rovi Patent Claims

    ALEXANDRIA, Va. — A claimed interactive television application that provides enhanced personal video recording (PVR)-related functionality would have been obvious to a person of skill in the art, the Patent Trial and Appeal Board ruled Sept. 10 (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00934, PTAB).

  • September 11, 2018

    Acorda Multiple Sclerosis Drug Patents Are Invalid, Federal Circuit Affirms

    WASHINGTON, D.C. — In a divided Sept. 10 holding, the Federal Circuit U.S. Court of Appeals upheld findings by a Delaware federal judge that four Acorda Therapeutics Inc. patents relating to the multiple sclerosis drug “Ampyra” are obvious (Acorda Therapeutics Inc. v. Roxane Laboratories Inc., et al., No. 17-2078, Fed. Cir., 2018 U.S. App. LEXIS 25536).

  • September 11, 2018

    Flying Hovercraft Patent Singled Out In Petition For Inter Partes Review

    ALEXANDRIA, Va. — A patent that received its notice of allowance shortly before similar claims from patents in the same patent family were deemed unpatentable “adds minor details” and would have been obvious to a person of skill in the art (POSITA), petitioners for inter partes review told the Patent Trial and Appeal Board on Sept. 7 (Parrot S.A., et al. v. QFO Labs Inc., No. IPR2018-01690, PTAB).

  • September 10, 2018

    Board Upheld In Dispute Between Universities, Genomic Research Center

    WASHINGTON, D.C. — A determination by the Patent Trial and Appeal Board that there is no interference-in-fact between a patent application by the University of California (UC) and the claims of 12 patents and one application owned by a genomic research center and two other universities was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Sept. 10 (Regents of the University of California, et al. v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).

  • September 7, 2018

    Patent Board’s Analysis Of Real Party In Interest Erroneous, Federal Circuit Says

    WASHINGTON, D.C. — A dispute involving the makers of two popular video games was remanded to the Patent Trial and Appeal Board by the Federal Circuit U.S. Court of Appeals on Sept. 7, amid findings that the board’s analysis of whether an inter partes review petitioner qualifies as a real party in interest was deficient (Worlds Inc. v. Bungie Inc., Nos. 2017-1481, -1546, -1583, Fed. Cir.).

  • September 7, 2018

    Law Firm Disqualified In New Jersey Patent Case

    TRENTON, N.J. — Nasdaq Inc. on Sept. 6 prevailed in its effort to disqualify Fish & Richardson from further participation in a New Jersey patent and trade secret misappropriation case, when a New Jersey federal magistrate judge agreed that the firm’s previous representation of Nasdaq in various intellectual property matters represents a conflict (Nasdaq Inc., et al. v. Miami International Holdings Inc., et al., No. 17-6664, D. N.J., 2018 U.S. Dist. LEXIS 151813).