Mealey's Patents

  • July 20, 2022

    3M Seeks Cancellation By Board Of Multilayer Polymeric Sheet Patent

    ALEXANDRIA, Va. — In a July 19 petition for inter partes review filed with the Patent Trial and Appeal Board, 3M Co. maintains that various claims of a patented multilayer, polymeric sheet composition are anticipated by prior art and should be canceled.

  • July 20, 2022

    Federal Circuit Reverses Patent Board Obviousness Holding

    WASHINGTON, D.C. — In its second ruling in a dispute over a patented method for controlling data flow, the Federal Circuit U.S. Court of Appeals on July 19 said the Patent Trial and Appeal Board erred when declaring the technology obvious because the decision was premised on forfeited arguments.

  • July 18, 2022

    Delaware Federal Judge Wrongly Construed Term, Federal Circuit Says

    WASHINGTON, D.C. — In a win for the Massachusetts Institute of Technology and a patent owner, a divided Federal Circuit U.S. Court of Appeals ruled July 18 that a judgment of noninfringement by a federal judge in Delaware was premised on an erroneous claim construction.

  • July 18, 2022

    In Blow To Stanford, Federal Circuit Confirms Patents Are Ineligible

    WASHINGTON, D.C. — In a July 18 holding, the Federal Circuit U.S. Court of Appeals left intact a Delaware federal judge’s sua sponte determination that a claimed method for determining rejection of a transplanted organ is ineligible for patenting.

  • July 18, 2022

    Post-Grant Review By Patent Board Will Stand, Federal Circuit Rules

    WASHINGTON, D.C. — Three successful petitions for post-grant review (PGR) by Samsung Electronics Co. Ltd. will not be disturbed, the Federal Circuit U.S. Court of Appeals ruled July 14, in a blow to the owner of two patents relating to a compact antenna.

  • July 15, 2022

    Meta Motion To Stay Texas Patent Case Rejected By Federal Judge

    WACO, Texas — In a July 12 order, a federal judge in Texas refused to stay allegations of patent infringement leveled against Meta Inc. while the U.S. Patent and Trademark Office (USPTO) considers a request for ex parte re-examination of the technology in dispute.

  • July 15, 2022

    Divided Panel Sanctions Patent Owner Over Frivolous Appeal

    WASHINGTON, D.C. — In a July 14 holding, a majority panel of the Federal Circuit U.S. Court of Appeals agreed with an appellee that a patent owner’s appeal of an adverse summary judgment ruling was frivolous “as filed” and “as argued,” warranting a $107,748.27 sanction.

  • July 15, 2022

    Philips Won’t Be Barred From Seeking Exclusion Order, Panel Rules

    WASHINGTON, D.C. — A decision by a federal judge in Delaware to deny preliminary injunctive relief that would bar a patent plaintiff from seeking an exclusion order from the International Trade Commission (ITC) was upheld July 13 by the Federal Circuit U.S. Court of Appeals.

  • July 15, 2022

    PTO Waives Response To Cert Petition Over Inter Partes Review Duty Delegation

    WASHINGTON, D.C. — A company’s petition for certiorari over the proper delegation of duties related to inter partes review (IPR) within the U.S. Patent and Trademark Office (PTO) will go unanswered with a June 24 filing in the U.S. Supreme Court in which the agency waived its right to oppose the petition’s questions about which PTO personnel are permitted to make decisions on whether to institute IPR.

  • July 13, 2022

    Bird Capturing System Is Obvious, Petitioner Maintains In New Filing

    ALEXANDRIA, Va. — A patented system and method for capturing wildlife in an enclosed building would have been obvious to a person of skill in the art, a petitioner tells the Patent Trial and Appeal Board in a July 8 petition.

  • July 12, 2022

    Panel:  Obvious Error In Reference Was Properly Handled By Patent Board

    WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board to reject LG Electronics Inc.’s challenge to a digital panoramic imaging patent because the underlying petitions rely heavily on an error that “would have been disregarded or corrected by a person of ordinary skill in the art” was affirmed July 11 by a divided Federal Circuit U.S. Court of Appeals.

  • July 11, 2022

    Wet Vac Maker Asks Board To Cancel ‘Dual Wiper’ Patent

    ALEXANDRIA, Va. — In a July 8 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, SharkNinja Operating LLC maintains that a Bissell Inc. patent covering a “dual wiper configuration” in an “otherwise conventional wet vacuum cleaner” recites “old, known concepts that add nothing to the prior art.”

  • July 11, 2022

    Walt Disney, Netflix, Others Seek Review Of Expired Streaming Patent

    ALEXANDRIA, Va. — A patented multimedia computer communication system for delivering streaming media over the internet would have been obvious to a person of skill in the art (POSITA), petitioners for inter partes review (IPR) told the Patent Trial and Appeal Board on July 8.

  • July 08, 2022

    On Remand, Delaware Court Correctly Rejected Patent Validity Challenge

    WASHINGTON, D.C. — In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on July 7 said a federal judge in Delaware did not err in finding that an infringement defendant failed to show a motivation to combine prior art references to arrive at a claimed oral suspension of liquid methylphenidate (MPH), the active ingredient in several drugs used to treat attention deficit hyperactivity disorder.

  • July 07, 2022

    Patent Challenger Says Board Construction Makes ‘Nonsense’ Of Claims

    WASHINGTON, D.C. — In a July 1 brief filed with the Federal Circuit U.S. Court of Appeals, an appellant that largely prevailed before the Patent Trial and Appeal Board in an inter partes review of a biomolecule identification patent argues that the board nonetheless erred in upholding as patentable a subset of dependent claims.

  • July 06, 2022

    Infringement Defendant Says Accounting Patents Claim Abstract Idea

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals should uphold findings by a California federal judge that two patents associated with an accounting system are ineligible under Section 101 of the Patent Act, an appellee maintains in a June 29 brief.

  • July 06, 2022

    Texas Federal Judge Stays Patent Row Under Customer-Suit Exception

    WACO, Texas — In a June 29 holding, a federal judge in Texas said that two defendant health care companies are entitled to a stay of allegations they infringed two electronic health care system patents while their customer pursues a declaratory judgment action in Florida.

  • July 06, 2022

    Opana ER Patent Antitrust MDL Trial Ends In Verdict For Opioid Maker Endo

    CHICAGO — An Illinois federal jury on July 1 returned a defense verdict for opioid maker Endo Health Solutions Inc. in a patent antitrust multidistrict litigation trial brought by pharmacy chains and classes of direct purchasers and end-payers.

  • July 01, 2022

    Cert Denied In Dispute Over Standard For Assessing Patent Eligibility

    WASHINGTON, D.C. — The U.S. Supreme Court in its June 30 order list denied a petition for certiorari in a dispute that posed the question of whether the two-step patent eligibility analysis is a question of law or a question of fact.

  • July 01, 2022

    Texas Federal Judge Won’t Stay Patent Infringement Litigation

    WACO, Texas — A request by a defendant to stay patent infringement allegations while its customer pursues a declaratory judgment (DJ) action against the patent owner was denied June 30 by a federal judge in Texas.

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