Mealey's Patents

  • July 23, 2020

    Dispute Over Patented Wireless Skiing Monitor Will Proceed In California

    SAN DIEGO — In a July 22 order, a federal judge in California directed a maker of ski equipment and its partner in a sport sensor venture to answer by Aug. 5 allegations that they infringed a patented wireless system for monitoring and analyzing skiing performance (IPCOMM, LLC v. Group Rossignol USA, Inc. and PIQ USA Inc., No. 20-272, S.D. Calif., 2020 U.S. Dist. LEXIS 129516).

  • July 22, 2020

    Angioplasty Catheter Patent Is Obvious, Board Says In Decision

    ALEXANDRIA, Va. — An inter partes review (IPR) petitioner prevailed July 20 when the Patent Trial and Appeal Board agreed that 20 claims of a patented angioplasty balloon catheter that discloses the use of shockwaves to treat calcified lesions would have been obvious to a person of skill in the art (Cardiovascular Systems Inc. v. Shockwave Medical Inc., No. IPR2019-00408, PTAB).

  • July 21, 2020

    Federal Circuit Upholds Claim Construction In Sneaker Patent Dispute

    WASHINGTON, D.C. — A federal judge in North Carolina properly deemed two footwear manufacturers noninfringers of a patent directed to improved rear soles and midsoles in athletic shoes, the Federal Circuit U.S. Court of Appeals ruled July 16 (Akeva L.L.C. v. Nike Inc., et al., No. 19-2249, Fed. Cir., 2020 U.S. App. LEXIS 22130).

  • July 17, 2020

    L’Oréal Appeals $66M Patent, Trade Secret Judgment To Federal Circuit

    WASHINGTON, D.C. — In a July 2 appellant brief, L’Oréal USA Inc. tells the Federal Circuit U.S. Court of Appeals that it was entitled to judgment as a matter of law (JMOL) on allegations that it misappropriated four trade secrets relating to hair care products, citing a Delaware federal judge’s own finding that a patent assignee-plaintiff “did not prove the value of any trade secret except maleic acid as an active agent” (L’Oréal USA Inc. v. Liqwd Inc., et al., No. 20-1382, Fed. Cir.).

  • July 17, 2020

    Intel, Others Prevail In Appeal By Patent Owner To Federal Circuit

    WASHINGTON, D.C. — A patent owner’s challenge of findings by the Patent Trial and Appeal Board that a system and method for data transfer acceleration is obvious failed July 16, when the Federal Circuit U.S. Court of Appeals instead affirmed (Alacritech Inc. v. Intel Corp., et al., Nos. 2019-1444, -1445, -1466, Fed. Cir.).

  • July 16, 2020

    Patent Owner:  Petition Rehashes ‘Fully Considered,’ Rejected Arguments

    ALEXANDRIA, Va. — In a July 14 preliminary patent owner response, the owner of a patent directed to an ozone generator urges the Patent Trial and Appeal Board to turn away a petition for inter partes review (IPR) (Primozone Production AB v. Xylem Europe GmbH, No. IPR2020-00785, PTAB).

  • July 16, 2020

    Digital Rights Management Technology Is Obvious, Petitioner Alleges

    ALEXANDRIA, Va. — Dolby Laboratories Inc. on July 14 told the Patent Trial and Appeal Board that a single claim of a patented method of managing digital rights should be canceled (Dolby Laboratories Inc. v. Intertrust Technologies Corporation, No. IPR2020-00665, PTAB).

  • July 15, 2020

    Appellee Disputes Apple, Visa Arguments Relating To ‘Handheld Device’

    WASHINGTON, D.C. — In a July 10 appellee brief, a patent owner defends a rejection by the Patent Trial and Appeal Board of allegations that its patent is rendered obvious by a prior art device (Apple Inc., et al. v. Universal Secure Registry LLC, Nos. 20-1222, -1234, Fed. Cir.).

  • July 15, 2020

    Panel:  Researchers Properly Deemed Co-Inventors Of Immunotherapy Patents

    WASHINGTON, D.C. — Dana-Farber Cancer Institute Inc. prevailed July 14 in an appeal by several drug companies of findings by a Massachusetts federal judge that two Dana Farber researchers are co-inventors of six patents directed to cancer immunotherapy (Dana-Farber Cancer Institute Inc. v. Ono Pharmaceuticals Co. Ltd., et al., No. 19-2050, Fed. Cir.).

  • July 14, 2020

    DISH Petitions Board For Review Of Sound View Playback Delay Patent

    ALEXANDRIA, Va. — A patent currently the subject of three federal lawsuits as well as the subject of five lawsuits that have already been terminated was targeted July 10 for review by the Patent Trial and Appeal Board, in a new petition for inter partes review (IPR) (DISH Network L.L.C., et al. v. Sound View Innovations LLC, No. IPR2020-01276, PTAB).

  • July 14, 2020

    Verizon Takes Aim At Patent Related To Optical Network Standard

    ALEXANDRIA, Va. — In a July 13 petition for inter partes review (IPR), a patent directed to the ITU-T G.709 optical transport network (OTN) standard was challenged as obvious, with the petitioner maintaining that the “solutions” claimed by the patent owner “already existed in the prior art” (Verizon Business Network Services LLC v. Huawei Technologies Co. Ltd., No. IPR2020-01292, PTAB).

  • July 14, 2020

    Federal Circuit Sides With Microsoft In Claim Construction Row

    WASHINGTON, D.C. — In a July 13 summary disposition, the Federal Circuit U.S. Court of Appeals rejected a patent owner’s claim that a federal magistrate judge in Delaware erroneously construed a disputed claim term in an infringement action involving Microsoft Corp.’s “Bing” search engine (Improved Search LLC v. Microsoft Corp., No. 19-1961, Fed. Cir.).

  • July 13, 2020

    Toyota Loses On Appeal; Panel Upholds Obviousness Holding

    WASHINGTON, D.C. — In a July 10 ruling, the Federal Circuit U.S. Court of Appeals determined that the Patent Trial and Appeal Board’s decision declaring various claims of a patented fingerprint removal process obvious is supported by substantial evidence (Toyota Motor Corp. v. Reactive Surfaces Ltd. LLP, No. 18-1906, Fed. Cir., 2020 U.S. App. LEXIS 21466).

  • July 09, 2020

    Patent Specification Lacks Sufficient Structure, Federal Circuit Finds

    WASHINGTON, D.C. — In a July 8 holding, the Federal Circuit U.S. Court of Appeals affirmed in part a Texas federal judge’s determination of patent indefiniteness, but for a different reason than that relied on by the district court (Via Vadis LLC, et al. v. Blizzard Entertainment Inc., et al., Nos. 19-2269, -2270, Fed. Cir., 2020 U.S. App. LEXIS 21200).

  • July 09, 2020

    Panel Affirms: Weight Loss Patent Application Covers Abstract Idea

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on July 8 upheld findings by a patent examiner, and later the Patent Trial and Appeal Board, that a claimed method of achieving weight loss by using hunger as a feedback mechanism recites patent-ineligible subject matter (In re:  Zunshine, No. 20-1254, Fed. Cir., 2020 U.S. App. LEXIS 21201).

  • July 08, 2020

    Denial Of Fees In Patent Case Vacated; Panel Says Wrong Statute Applied

    WASHINGTON, D.C. — A Florida federal judge’s application of the trademark statute in assessing a request for an award of attorney fees in a patent case was an abuse of discretion, the Federal Circuit U.S. Court of Appeals ruled July 1, reversing and remanding (Electronic Communication Technologies LLC v. ShoppersChoice.com LLC, No. 19-2087, Fed. Cir., 2020 U.S. App. LEXIS 20504).

  • July 08, 2020

    Federal Circuit Extends Arthrex, VirnetX Rationale To Ex Parte Proceedings

    WASHINGTON, D.C. — In a precedential order issued July 7, the Federal Circuit U.S. Court of Appeals wrote that it can find “no principled reason to depart” from the remedy proscribed in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), and VirnetX Inc. v. Cisco Sys., Inc., No. 2019-1671, (Fed. Cir. May 13, 2020), when assessing a constitutional challenge to the makeup of a Patent Trial and Appeal Board panel in an ex parte proceeding (In re: Boloro Global Limited, No. 19-2349, Fed. Cir.).

  • July 06, 2020

    Panel Agrees:  Cardiac Arrythmia Monitoring Technology Not Patentable

    WASHINGTON, D.C. — In a July 1 ruling, the Federal Circuit U.S. Court of Appeals upheld findings by a federal judge in Massachusetts that various claims of two patents directed to mobile cardiac telemetry (MCT) are ineligible for patenting (CardioNet LLC, et al. v. InfoBionic Inc., No. 20-1018, Fed. Cir., 2020 U.S. App. LEXIS 20632).

  • July 06, 2020

    Patent Owner Fails In Challenge Of Board Obviousness Holding

    WASHINGTON, D.C. — In a July 2 holding, the Federal Circuit U.S. Court of Appeals affirmed a determination by the Patent Trial and Appeal Board that various claims of a data capacity management patent are obvious, while dismissing as moot the patent owner’s appeal in two other inter partes reviews (IPRs) (Sound View Innovations LLC v. Hulu LLC, et al., Nos. 2019-1865, -1867, Fed. Cir.).

  • July 01, 2020

    In Cross-Appeal, Patent Owner Disputes Board Anticipation Holding

    WASHINGTON, D.C. — The Patent Trial and Appeal Board erred when it determined that an inter partes review (IPR) petitioner established by a preponderance of the evidence that five claims of a valve assembly patent are anticipated by a German patent application, a cross-appellant told the Federal Circuit U.S. Court of Appeals June 15 (Power-Packer North America Inc., d/b/a Gits Manufacturing Co. v. G.W. Lisk Co. Inc., Nos. 2020-1250, -1323, Fed. Cir.).

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