We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Mealey's Patents

  • August 8, 2019

    Federal Circuit Affirms Trade Commission In E. Coli Patent Row

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals on Aug. 6 upheld a determination by the International Trade Commission (ITC) that two strains of Escherichia coli bacteria imported into the United States infringe a valid patent (Ajinomoto Co. Inc., et al..v. International Trade Commission, et al., Nos. 2018-1590, -1629, Fed. Cir., 2019 U.S. App. LEXIS 23435).

  • August 7, 2019

    Panel Finds Keyboard Shortcut Patents Valid, But Not Infringed

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Aug. 6 found that although a California federal judge did not err in finding two patents not infringed, a patent owner was entitled to judgment as a matter of law (JMOL) that one of the patents is not invalid (ATEN International Co. Ltd. v. Uniclass Technology Co., et al., No. 18-1606, Fed. Cir., 2019 U.S. App. LEXIS 23432).

  • August 2, 2019

    Appellant Levies New Criticism At Damages Calculation In Patent Row

    WASHINGTON, D.C. — In a July 15 reply brief filed with the Federal Circuit U.S. Court of Appeals, the maker of an infringing cochlear implant argues that failure by a damages expert for a patent owner and its licensee to value certain commercially valuable features of the accused products is “catastrophic” and requires vacatur of a jury’s $134 million award, later doubled to more than $268 million (Alfred E. Mann Foundation for Scientific Research, et al. v. Cochlear Corp., et al., No. 19-1201, Fed. Cir.).

  • August 2, 2019

    Appellant Tells Federal Circuit: Waste Fragmenting, Spraying Patent Obvious

    WASHINGTON, D.C. — Two companies that failed to persuade the Patent Trial and Appeal Board that a material processing patent would have been anticipated or obvious to a person of skill in the art maintain in a July 19 appellant brief filed with the Federal Circuit U.S. Court of Appeals July 19 that the board decision was premised on claim constructions that were unduly narrow (Bandit Industries Inc., et al. v. St. Martin Investments Inc., No. 19-1694, Fed. Cir.).

  • July 31, 2019

    Patent Owner Seeks Rehearing Of Board Institution Decision

    ALEXANDRIA, Va. — A July 16 decision by the Patent Trial and Appeal Board that instituted inter partes review of a patent relating to upconverted content display overlooked key arguments relating to prior art, the patent owner told the board in a July 30 request for rehearing (Unified Patents Inc. v. MV3 Partners LLC, No. IPR2019-00474, PTAB).

  • July 31, 2019

    Patent Board Briefed On Impact Of Recent Federal Circuit Decision

    ALEXANDRIA, Va. — In a July 30 reply brief, a patent owner maintains before the Patent Trial and Appeal Board that pursuant to Samsung Electronics Co. Ltd. v. Infobridge PTE Ltd., uploading prior art to two websites did not render the reference publicly accessible (Samsung Electronics Co. Ltd. v. M&K Holdings Inc., No. IPR2018-00698, PTAB).

  • July 31, 2019

    Method Of Electronic Check Processing Is Patent-Ineligible, Panel Says

    WASHINGTON, D.C. — In a July 31 holding, the Federal Circuit U.S. Court of Appeals agreed with two appellants that five claims of a patented method for processing electronic checks do not pass muster under Section 101 of the Patent Act, 35 U.S.C. § 101 (Solutran Inc. v. U.S. Bancorp, et al., No. 19-1345, Fed. Cir., 2019 U.S. App. LEXIS 22516).

  • July 30, 2019

    Federal Circuit Upholds Dismissal Of Amgen Patent Allegations  

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals on July 29 affirmed dismissal by a federal judge in Delaware of patent infringement allegations stemming from an application to market a biosimilar version of Amgen Inc.’s “Neulasta” pegfilgrastim product, on the basis of prosecution history estoppel (Amgen Inc. v. Coherus Biosciences Inc., No. 18-1993, Fed. Cir., 2019 U.S. App. LEXIS 22394).

  • July 29, 2019

    Board Denies Inter Partes Review Of Metadata Generation Patent

    ALEXANDRIA, Va. — In a July 27 decision, the Patent Trial and Appeal Board rejected a request by Spotify USA Inc. for inter partes review (IPR) of a patented method of automatically generating metadata for a collection of content items (Spotify USA Inc. v. S.I. SV. EL. Societa Italiana Per Lo Sviluppo Dell’Elettronica S.p.A, No. IPR2019-00519, PTAB).

  • July 26, 2019

    Construction Of ‘Human Antibody’ Disputed In New Federal Circuit Appeal

    WASHINGTON, D.C. — In a July 25 appellant brief, Immunex Corp. maintains that the Patent Trial and Appeal Board erred by not construing “human antibody” as limited to fully human antibodies, thus compelling the Federal Circuit U.S. Court of Appeals to reverse and vacate a final written decision that found all challenged claims of a patent obvious (Immunex Corp. v. Sanofi-Aventis US LLC, et al., Nos. 19-1749, -1777, Fed. Cir.).

  • July 24, 2019

    Federal Circuit Unseals Ruling In Dispute Over Ford Design Patents

    WASHINGTON, D.C. — A July 11 ruling originally issued under seal was unsealed July 23 by the Federal Circuit U.S. Court of Appeals, which declined an appellant’s request that the court hold that the aesthetic appeal of a patented design may render the design functional (Automotive Body Parts Association v. Ford Global Technologies LLC, No. 18-1613, Fed. Cir., 2019 U.S. App. LEXIS 21883).

  • July 23, 2019

    Patent Asserted Against UPS Deemed Ineligible Under Section 101

    NEW YORK — In a July 22 holding, a Federal Circuit U.S. Court of Appeals judge sitting by designation in the Southern District of New York declared a patent directed to a meter reader capable of wirelessly transmitting meter readings ineligible for patenting (First-Class Monitoring LLC v. United Parcel Service of America Inc., No. 19-106, S.D. N.Y., 2019 U.S. Dist. LEXIS 121377).

  • July 22, 2019

    Federal Judge Cites Kessler Doctrine In Dismissing Patent Claims

    WILMINGTON, Del. — In a July 18 decision, a federal judge in Delaware agreed with Microsoft Corp. that it is entitled to dismissal of allegations of post-judgment infringement pursuant to Kessler v. Eldred, 206 U.S. 285 (1907) (ViaTech Technologies Inc. v. Microsoft Corp., No. 17-570, D. Del., 2019 U.S. Dist. LEXIS 120260).

  • July 22, 2019

    Panel Upholds ‘Optical Ribbon’ Claim Construction By Patent Board

    WASHINGTON, D.C. — A patent owner’s appeal of findings of unpatentability based upon a construction by the Patent Trial and Appeal Board of “optical ribbon” as the term appears in two patents relating to fiber optic communication was rejected July 19 by the Federal Circuit U.S. Court of Appeals (CCS Technology Inc. v. Panduit Corp., Nos. 2018-1733, -1734, Fed. Cir., 2019 U.S. App. LEXIS 21400).

  • July 19, 2019

    Groupon Petition Relies On Hindsight, Patent Owner Tells Board

    ALEXANDRIA, Va. — In a July 17 patent owner response, Kroy IP Holdings LLC urged the Patent Trial and Appeal Board to reject allegations by Groupon Inc. that a patent directed to systems and methods for generating incentive programs and fulfilling awards would have been obvious to a person of skill in the art (Groupon Inc. v. Kroy IP Holdings LLC, No. IPR2019-00044, PTAB).

  • July 18, 2019

    American Rule Precludes Attorney Fees Award To PTO, Applicant Tells Supreme Court

    WASHINGTON, D.C. — Because Section 145 of the Patent Act does not explicitly provide for an award of attorney fees to the U.S. Patent and Trademark Office (PTO) in an action challenging the denial of a patent application, a rejected applicant tells the U.S. Supreme Court in a July 15 respondent brief that the Federal Circuit U.S. Court of Appeals found that the American Rule served to preclude such an award (Laura Peter v. NantKwest Inc., No. 18-801, U.S. Sup.).

  • July 17, 2019

    Panel Says Generic Drug Launch Does Not Violate Patent Settlement

    PHILADELPHIA — A Delaware federal judge’s “thoughtful and thorough” decision rejecting breach of contract claims levied against a generic drug maker was affirmed July 16 by the Third Circuit U.S. Court of Appeals (Amgen Inc. v. Cipla Ltd., et al., No. 19-2017, 3rd Cir., 2019 U.S. App. LEXIS 21043).

  • July 17, 2019

    Federal Circuit Affirms Section 101 Rejection Of Patent Application

    WASHINGTON, D.C. — A rejection by an examiner, later upheld by the Patent Trial and Appeal Board, of a method for providing product and service recommendations online was affirmed July 12 by the Federal Circuit U.S. Court of Appeals (In re: Greenstein, No. 19-1382, Fed. Cir., 2019 U.S. App. LEXIS 20674).

  • July 16, 2019

    Social Networking Newsfeed Patent Valid, Owner Tells Board

    ALEXANDRIA, Va. — In a July 12 filing with the Patent Trial and Appeal Board, the owner of two patents relating to real-time newsfeeds and tickers in a social networking environment defends its technology as nonobvious (Facebook Inc. and Instagram LLC v. Search and Social Media Partners LLC, Nos. IPR2018-01620 and IPR2018-01622, PTAB).

  • July 15, 2019

    In Suboxone Film Patent Row, Divided Federal Circuit Largely Affirms

    WASHINGTON, D.C. — Appeals by myriad drug makers of a Delaware federal judge’s rejection of their challenge to the validity of several patents directed to Suboxone Film were largely unsuccessful July 12, when a divided Federal Circuit U.S. Court of Appeals agreed with the district court on nearly all issues presented in the case (Indivior Inc., et al. v. Dr. Reddy’s Laboratories SA, et al., Nos. 2017-2587, 2018-1010, -1058, -1062, -1114, -1115, -1176, -1177; Indivior Inc., et al. v. Alvogen Pine Brook LLC, Nos. 2018-1949, -2045, Fed. Cir., 2019 U.S. App. LEXIS 20680).

Can't find the article you're looking for? Click here to search the Mealey's Patents archive.