Mealey's Patents

  • March 22, 2021

    Panel Rejects Mandamus Bid, Won’t Order Stay In Patent Litigation

    WASHINGTON, D.C. — In a March 19 order, the Federal Circuit U.S. Court of Appeals declined to weigh in on a Texas federal judge’s refusal to stay various deadlines in a patent infringement case while the lower court decides the question of venue.

  • March 22, 2021

    High Court Won’t Review Federal Circuit Dismissal Of Patent Appeal

    WASHINGTON, D.C. — In its March 22 order list, the U.S. Supreme Court rejected a drug maker’s petition for certiorari in which it said it possessed standing to appeal a final written decision by the Patent Trial and Appeal Board that confirmed the patentability of a challenged method for treating relapsing-remitting multiple sclerosis (RR-MS).

  • March 19, 2021

    Panel Upholds Rejection Of ‘Quantum Entanglement’ Patent Applications

    WASHINGTON, D.C. — In a March 18 holding, the Federal Circuit U.S. Court of Appeals found no error in a rejection by the U.S. Patent and Trademark Office (PTO) of four patent applications directed to “quantum entanglement,” affirming the board’s determination that the claimed methods and apparatus lack scientific support.

  • March 18, 2021

    Bose Seeks Cancellation Of Patented Wireless Headphone Processor

    ALEXANDRIA, Va. — In a March 17 petition for inter partes review (IPR), Bose Corp. told the Patent Trial and Appeal Board that an examiner erred in allowing a patentee to add limitations to two independent claims that were previously deemed obvious.

  • March 17, 2021

    Federal Circuit: Patent Board De-institution Not Appealable

    WASHINGTON, D.C. — In an opinion issued March 16, the Federal Circuit U.S. Court of Appeals rejected an appeal by Sling TV LLC and others of a decision by the Patent Trial and Appeal Board to de-institute inter partes review (IPR) of a video streaming patent.

  • March 16, 2021

    Panel:  Patent Board Must Consider Alternative Invalidity Allegations

    WASHINGTON, D.C. — Although upholding a construction by the Patent Trial and Appeal Board of disputed claim terms “rotary drive member,” “rotary member” and “rotatable drive member,” the Federal Circuit U.S. Court of Appeals on March 15 reversed and remanded a denial by the board of a patent owner’s contingent motion to substitute two claims.

  • March 16, 2021

    Federal Circuit Upholds Order Unsealing Amended Patent Complaint

    WASHINGTON, D.C. — In a March 15 ruling, the Federal Circuit U.S. Court of Appeals said it found no abuse of discretion in a Florida federal judge’s decision to unseal an amended complaint accusing a competitor of infringing a patented veterinary orthopedic implant.

  • March 15, 2021

    Panel Denies Mandamus, Dismisses Appeal By Patent Challenger

    WASHINGTON, D.C. — Pursuant to Section 314(d) of the America Invents Act, the Federal Circuit U.S. Court of Appeals on March 12 said it lacks jurisdiction over an appeal by Mylan Laboratories Ltd. of a decision by the Patent Trial and Appeal Board to deny institution of inter partes review (IPR) of a patent directed to paliperidone palmitate for the treatment of adult schizophrenia.

  • March 11, 2021

    Federal Circuit Upholds Patent Claim Construction In Win For Verizon

    WASHINGTON, D.C. — A federal judge in Texas correctly construed “resynchronization marker” in a dispute over a video coding patent, the Federal Circuit U.S. Court of Appeals concluded March 10, upholding a stipulation of noninfringement by the patent owner.

  • March 10, 2021

    Cochlear Implant Maker Defends Technology In Filing With Patent Board

    ALEXANDRIA, Va. — In a March 9 patent owner response filed with the Patent Trial and Appeal Board, a maker of cochlear implant systems maintains that a petition for inter partes review (IPR) improperly relies on applicant admitted prior art (AAPA), which are not considered patents or printed publications under the America Invents Act (AIA).

  • March 10, 2021

    Panel Says It Can Reach Merits Of Patent Board Estoppel Ruling

    WASHINGTON, D.C. — In a March 9 holding, the Federal Circuit U.S. Court of Appeals found that it is not barred from reviewing a determination by the Patent Trial and Appeal Board that two petitioners for inter partes review (IPR) were not estopped from maintaining portions of their challenges.

  • March 10, 2021

    Syngenta Seeks Post- Grant Review Of Crop Production Patent

    ALEXANDRIA, Va. — A method for growing plants in environments that are at least “partly” conditioned is not entitled to patent protection because the patent “fails to describe what the control mechanisms are for some of these parameters or how to they are to be controlled,” Syngenta Crop Protection AG asserts in a March 1 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board.

  • March 10, 2021

    Apple Tells Panel Patent Board Wrongly Declared Claims Valid

    WASHINGTON, D.C. — In a March 3 appellant brief filed with the Federal Circuit U.S. Court of Appeals, Apple Inc. maintains that the Patent Trial and Appeal Board erred in confirming as nonobvious a patent directed to a capacitive touch switch, which has been asserted against the software giant in California federal court.

  • March 10, 2021

    Adobe Tells Federal Circuit Patent Board Wrongly Excluded Evidence

    WASHINGTON, D.C. — The Patent Trial and Appeal Board “blinded” itself to evidence of patent obviousness when ruling against Adobe Inc. in inter partes reviews (IPRs) of two patents, Adobe asserts in a March 3 appellant brief.

  • March 08, 2021

    Audio-Visual Captioning Method Not Patentable, Federal Circuit Affirms

    WASHINGTON, D.C. — In a March 8 holding, the Federal Circuit U.S. Court of Appeals left intact findings by a Missouri federal judge that a patented system and method for providing audio-visual (AV) captioning runs afoul of Section 101 of the Patent Act.

  • March 08, 2021

    Patent Claims Preexisting Concepts, Petitioner Tells Patent Board

    ALEXANDRIA, Va. — In a March 4 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, a Cyprus-based company asserts that a patent with claims to provide a system for artists who share their content recites “influencer marketing,” an “ancient principle dating back at least a century.”

  • March 05, 2021

    Documents From 3G Working Group Render Patent Invalid, Petitioners Say

    ALEXANDRIA, Va. — In a March 4 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, Dell Inc., Honeywell International Inc. and others take aim at a patented method of instructing a mobile device on how it may transmit data to a base station.

  • March 05, 2021

    Manufacturer Seeks Ruling That It Is Not Infringing A Competitor’s Fracking Patent

    HOUSTON — A company that manufactures equipment used in hydraulic fracturing operations on Feb. 9 sued a business competitor in Texas federal court, seeking a declaration that the manufacturer is not infringing on a patent held by its competitor.

  • March 04, 2021

    Federal Circuit Reinstates Patent Infringement Case Against L’Oreal USA

    WASHINGTON, D.C. — Although upholding a Delaware federal judge’s construction of various disputed claim terms in a patented method for treating bleached hair, the Federal Circuit U.S. Court of Appeals on March 4 found that genuine disputes of material fact regarding infringement should have precluded summary judgment in favor of the patent owner.

  • March 03, 2021

    Recombinant Liver Protein Patent Valid, Infringed, Panel Affirms

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals in a March 1 holding left intact a jury’s verdict that a Bayer Healthcare LLC patent directed to recombinant forms of a liver protein known as human factor VIII is infringed by a proposed biologic.

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