Mealey's Patents

  • October 07, 2019

    Panel Reverses Patent Board Obviousness Ruling In Tarceva Case

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Oct. 4 disagreed with a determination by the Patent Trial and Appeal Board that a person of ordinary skill in the art would have enjoyed a reasonable expectation of success in treating non-small cell lung cancer (NSCLC) with erlotinib (OSI Pharmaceuticals LLC v. Apotex Inc., et al., No. 18-1925, Fed. Cir., 2019 U.S. App. LEXIS 29851).

  • October 04, 2019

    Eli Lilly Asks High Court To Hear Functional Claims Dispute With ‘Patent Troll’

    WASHINGTON, D.C. — In an Oct. 2 reply brief supporting its petition for certiorari, Eli Lilly and Co. asks the U.S. Supreme Court to consider a ruling by the Federal Circuit U.S. Court of Appeals, which it says has continued a trend that rewards nonpracticing entities for obtaining patents with functional claims that should be deemed invalid per provisions of the Patent Act and high court precedent (Eli Lilly and Co. v. Erfindergemeinschaft UroPep GbR, No. 18-1515, U.S. Sup.).

  • October 03, 2019

    Challenge To Solar Tracking Patent Rejected By Board

    ALEXANDRIA, Va. — A wind-resistant solar tracking system was confirmed as patentable on Oct. 2 by the Patent Trial and Appeal Board, which rejected an inter partes review petitioner’s assertion that the invention would have been obvious (ArcelorMittal v. Array Technologies Inc., No. IPR2018-00801, PTAB).

  • October 03, 2019

    Fracking Companies Allege Trade Secret Misappropriation And Patent Infringement

    MIDLAND, Texas — Two hydraulic fracturing services companies on Sept. 30 sued a competitor that provides similar fracking services, contending that it is liable for patent infringement and misappropriation of trade secrets (Coil Chem LLC, et al. v. Durachem Production Company, et al., No. 19-225, W.D. Texas).

  • October 03, 2019

    University Responds To Apple Appeal, Defends Validity Of Patent

    WASHINGTON, D.C. — In a recent appellee brief filed with the Federal Circuit U.S. Court of Appeals, the California Institute of Technology (Caltech) maintains that the Patent Trial and Appeal Board did not err in rejecting allegations of obviousness made by Apple Inc. in an inter partes review (IPR) (Apple Inc. v. California Institute of Technology, Nos. 19-1580, -1581, Fed. Cir.).

  • October 03, 2019

    Owner Of Oil Transport Patent Again Appeals Obviousness Holdings

    WASHINGTON, D.C. — In a Sept. 11 appellant brief, LiquidPower Specialty Products Inc. (LSPI) accuses the Patent Trial and Appeal Board of committing “the exact same error” in three inter partes reviews (IPRs) that already led to one remand by the Federal Circuit U.S. Court of Appeals in a case involving a related patent (LiquidPower Specialty Products Inc. v. Baker Hughes, No. 19-1838, Fed. Cir.).

  • October 02, 2019

    Panel: Board Should Have Granted Patentee Leave To Seek Correction

    WASHINGTON, D.C. — In an Oct. 1 ruling, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board abused its discretion when it denied a request by Honeywell International Inc. to correct an error in the chain of priority listed on the face of a Honeywell patent (Honeywell International Inc. v. Arkema Inc., Nos. 2018-1151, -1153, Fed. Cir., 2019 U.S. App. LEXIS 29478).

  • October 01, 2019

    Arrestor Bed Patent Singled Out For Inter Partes Review

    ALEXANDRIA, Va. — A petitioner told the Patent Trial and Appeal Board on Sept. 27 that it should institute inter partes review (IPR) of a patent claiming a method of making an arrestor bed used to stop airplanes that overrun their runway (Runway Safe Group AB v. EarthStone International LLC, No. IPR2019-01624, PTAB).

  • September 27, 2019

    Biogen Seeks Rehearing Of Patent Board Joinder, Institution Decisions

    ALEXANDRIA, Va. — In a Sept. 26 petition, Biogen MA Inc. told the Patent Trial and Appeal Board that it erred in instituting inter partes review (IPR) of a patented multiple sclerosis (MS) treatment method, as well as in joining several petitioners to a pre-existing IPR proceeding (Mylan Pharmaceuticals Inc., et al. v. Biogen MA Inc., No. IPR2018-01403, PTAB).

  • September 26, 2019

    Prior Art Design Patent Should Have Been Considered, Panel Says

    WASHINGTON, D.C. — In a Sept. 26 holding, a divided Federal Circuit U.S. Court of Appeals partly vacated findings by the Patent Trial and Appeal Board regarding the validity of a gravity feed dispenser (Campbell Soup Co. v. Gamon Plus Inc., No. 18-2029, Fed. Cir.).

  • September 26, 2019

    Sprint Opposes Time Warner’s Certiorari Petition Over Patent Award Apportionment

    WASHINGTON, D.C. — In a Sept. 25 brief opposing a petition for certiorari by Time Warner Cable Inc., Sprint Communications Co. L.P. tells the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals properly upheld a $140 million patent infringement award in its favor, arguing that the appeals court’s ruling does not conflict with longstanding principles of patent apportionment (Sprint Communications Company L.P. v. Time Warner Cable Inc., et al., No. 19-211, U.S. Sup.).

  • September 26, 2019

    Federal Circuit Says Patent Board Claim Construction Was Error

    WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals on Sept. 25 vacated findings of patent ineligibility by the Patent Trial and Appeal Board, finding instead that under a correct claim construction, the patent in suit may be exempt from covered business method (CBM) review (SIPCO LLC v. Emerson Electric Company, No. 18-1635, Fed. Cir., 2019 U.S. App. LEXIS 28935).

  • September 25, 2019

    Patent Owner: Method Of Genetic Testing Entitled To Protection

    ALEXANDRIA, Va. — The Patent Trial and Appeal Board should deny a petition for inter partes review (IPR) of a patented method of measuring genetic data, the patent owner maintains in a Sept. 19 preliminary patent owner response (Illumina Inc. v. Natera Inc., No. IPR2019-01201, PTAB).

  • September 24, 2019

    Panel Upholds Denial Of Injunction In Dispute Over Patent Priority Date

    WASHINGTON, D.C. — A California federal judge’s finding that a patent is potentially anticipated by a parent application and subsequent denial of a preliminary injunction requested by a patent owner were affirmed Sept. 23 by the Federal Circuit U.S. Court of Appeals (OrthoAccel Technologies Inc. v. Propel Orthodontics LLC, et al., No. 18-1534, Fed. Cir., 2019 U.S. App. LEXIS 28609).

  • September 20, 2019

    Federal Circuit: Term Adjustment By Office Supported By Statute

    WASHINGTON, D.C. — A patent applicant’s initial response to a final action by the U.S. Patent and Trademark Office (PTO) that continued to challenge the merits of an examiner’s rejection of various patent claims qualifies as applicant delay, the Federal Circuit U.S. Court of Appeals ruled Sept. 18 (Intra-Cellular Therapies Inc. v. Andrei Iancu, No. 18-1849, Fed. Cir., 2019 U.S. App. LEXIS 27986).

  • September 20, 2019

    Federal Circuit Vacates Judgment, Orders Dismissal Of Patent Case

    WASHINGTON, D.C. — Giving effect to its same-day summary affirmance of a determination by the Patent Trial and Appeal Board that all claims of four patents are unpatentable, the Federal Circuit U.S. Court of Appeals on Sept. 19 directed a Texas federal judge to dismiss an infringement action (Chrimar Systems Inc. v. ALE USA Inc., No. 18-2420, Fed. Cir., 2019 U.S. App. LEXIS 28105).

  • September 20, 2019

    Battery Technology Company Sues Chinese Competitor In Trade Secret Dispute

    SAN JOSE, Calif. — A manufacturer of new battery technologies sued its Chinese competitor on Sept. 16 in California federal court, alleging that the competitor engaged in a scheme to poach one of the manufacturer’s key employees and misappropriate the company’s confidential and trade secret information for its lithium-ion battery separators in violation of state and federal trade secret laws (Celgard LLC v. Shenzhen Senior Technology Material Co. Ltd. [US] Research Institute, et al., No. 19-5784, N.D. Calif.).

  • September 20, 2019

    Panel Affirms Board, Deems Conversion Array Patent Obvious

    WASHINGTON, D.C. — In a Sept. 18 decision, the Federal Circuit U.S. Court of Appeals agreed with the Patent Trial and Appeal Board that three claims of a patent directed to a digital-to-analog (DAC) and analog-to-digital (ADC) converter patent would have been obvious to a person of skill in the art (Innovative Memory Systems Inc. v. Micron Technology Inc., No. 18-1348, Fed. Cir., 2019 U.S. App. LEXIS 27988).

  • September 19, 2019

    Petitioner Seeks Review Of Patent Relating To ‘Downloadables’

    ALEXANDRIA, Va. — In a Sept. 18 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, Unified Patents Inc. took aim at a Finjan Inc. patent directed to the creation or receipt of a security profile for a file received over a network, also known as a “downloadable,” as well as transmission of the downloadable and its related security profile (Unified Patents Inc. v. Finjan Inc., No. IPR2019-01611, PTAB).

  • September 19, 2019

    Appellant To Federal Circuit: Patent Board Violated APA

    WASHINGTON, D.C. — In a Sept. 10 appellant brief, Power Integrations Inc. (PI) tells the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board confirmed the validity of a circuit patent based on an “entirely new theory presented for the first time” in its final written decision (Power Integrations Inc. v. Semiconductor Components Industries LLC, Nos. 2019-1863, -1868, Fed. Cir.).

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