Mealey's Patents
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February 16, 2021
Panel Agrees: 2 LDL Receptor Patents Are Not Sufficiently Enabled
WASHINGTON, D.C. — In a blow to Amgen Inc. and two subsidiaries, the Federal Circuit U.S. Court of Appeals on Feb. 11 upheld findings by a federal judge in Delaware that three claims of two patents that describe antibodies that purportedly lower low-density lipoprotein (LDL) cholesterol are invalid for their lack of enablement.
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February 16, 2021
Judge Certifies Pay-For-Delay Insurer Class For Alzheimer’s Drug Namenda, Generics
NEW YORK — A New York federal judge on Feb. 11 granted a motion by a union health benefit fund to certify a class of purchasers of the Alzheimer’s drug Namenda who were injured by a “pay-for-delay” scheme but denied certification of a class allegedly injured by being forced to switch from an original version of the drug to a newer one.
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February 11, 2021
Federal Circuit Grants Panel Rehearing In Label Carve-Out Row
WASHINGTON, D.C. — In a two-page order issued Feb. 10, the Federal Circuit U.S. Court of Appeals announced that it will revisit its October 2020 finding that Teva Pharmaceuticals USA Inc. induced infringement of a reissue patent directed to the treatment of chronic heart failure.
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February 11, 2021
Golf Club Patent Claim Is Indefinite, Federal Circuit Affirms
WASHINGTON, D.C. — In a Feb. 10 holding, the Federal Circuit U.S. Court of Appeals said it found no error in an Illinois federal judge’s determination that a single claim of a patented golf club shape is invalid as indefinite, in a win for Nike Inc.
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February 11, 2021
Appellant Tells Federal Circuit Invention Wrongly Declared Patent-Ineligible
WASHINGTON, D.C. — In a Jan. 11 appellant brief, a patent owner tells the Federal Circuit U.S. Court of Appeals that its dispute with an alleged infringer presents “novel and critical” issues relating to the application of the enablement and definiteness requirements of one provision of federal patent law to a provision pertaining to patent eligibility.
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February 11, 2021
Appellant: Google, Waze Erroneously Won Judgment Of Patent Ineligibility
WASHINGTON, D.C. — In a Jan. 8 appellant brief filed with the Federal Circuit U.S. Court of Appeals, the owner of a patent directed to a real time vehicle guidance system maintains that a federal judge in Delaware erred when deeming the disputed technology ineligible for patenting.
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February 09, 2021
In Appeal Of CBM Review, Panel Rejects Substitute Patent Claims
WASHINGTON, D.C. — Findings by the Patent Trial and Appeal Board that various proposed substitute claims in a patent reciting a system and method for permitting a customer in a loyalty program to redeem loyalty points are patent-eligible were rejected Feb. 8 by the Federal Circuit U.S. Court of Appeals.
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February 09, 2021
Artificial Eyelash Patent Subject Of New Post-Grant Review Request
ALEXANDRIA, Va. — In a Feb. 5 petition filed with the Patent Trial and Appeal Board, a beauty products company maintains that the board erred when it recently approved a continuation patent directed to eyelash extensions.
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February 08, 2021
Panel: Application To Patent Fraud Detection Method Rightly Rejected
WASHINGTON, D.C. — In a Feb. 5 holding, the Federal Circuit U.S. Court of Appeals found no error in a determination by the U.S. Patent and Trademark Office (PTO) that a claimed method for countering credit card fraud recites ineligible subject matter.
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February 05, 2021
Panel: Request For Attorney Fees Properly Denied In Patent Dispute
WASHINGTON, D.C. — A federal judge in Washington did not abuse her discretion in denying a patent infringement defendant’s request for $630,318.91 in attorney fees, the Federal Circuit U.S. Court of Appeals concluded Feb. 4.
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February 05, 2021
Federal Circuit Affirms Patent Board Ruling Against John Deere
WASHINGTON, D.C. — In a Feb. 4 ruling, the Federal Circuit U.S. Court of Appeals agreed with the Patent Trial and Appeal Board that various claims of a patented apparatus that detects and controls the distance from the ground at which an agricultural machine operates would not have been obvious to a person of skill in the art.
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February 04, 2021
Post-Grant Review Of Swine Virus Immunogenic Granted By Patent Board
ALEXANDRIA, Va. — Allegations that a porcine circovirus type 3 (PCV3) immunogenic composition represents an unpatentable law of nature will be heard by the Patent Trial and Appeal Board, which on Feb. 3 instituted post-grant review.
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February 04, 2021
Apple Defenses In Patent Row Partly Stricken By Texas Federal Magistrate
MARSHALL, Texas — Assertions by Apple Inc. that a patent owner is barred by estoppel from asserting that its encryption technology was infringed by the “Fair Play” digital rights management program were stricken Feb. 3 by a federal magistrate judge in Texas.
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February 03, 2021
R.J. Reynolds Says Tobacco Storage Patent Should Be Canceled
ALEXANDRIA, Va. — In a Feb. 2 petition for inter partes review filed with the Patent Trial and Appeal Board, R.J. Reynolds Vapor Co. maintains that a container for storing tobacco that features a lid and gasket for forming a non-hermetic seal “was well known in the art.”
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February 02, 2021
New Petition Targets Dartmouth Patent Covering ‘Isolated’ Nicotinamide
ALEXANDRIA, Va. — A research organization on Feb. 1 told the Patent Trial and Appeal Board that it should cancel a patent that recites isolated nicotinamide riboside kinase (Nrk) nucleic acid sequences, vectors and cultured cells because what is claimed was “known, or would have been obvious, in view of the understanding of the art at the time of invention.”
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February 02, 2021
In Dispute Over Video Compression Patent, Panel Partly Affirms Board
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 1 upheld a win for Samsung Electronics Co. Ltd., which prevailed before the Patent Trial and Appeal Board in an inter partes review (IPR) of a patent directed to a more efficient method for compressing video files,
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February 01, 2021
University’s Bid To Overturn Obviousness Findings Fails On Appeal
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals in a Feb. 1 ruling upheld a determination by the Patent Trial and Appeal Board that four DNA sequencing patents owned by the trustees of Columbia University in New York are obvious.
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February 01, 2021
Board Correctly Found Patented Hair Treatment Partly Obvious, Panel Says
WASHINGTON, D.C. — A mixed outcome in a post-grant review (PGR) was affirmed Jan. 28 by the Federal Circuit U.S. Court of Appeals, which agreed with the Patent Trial and Appeal Board that some claims of a patented hair treatment would have been obvious while others were not proven unpatentable.
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February 01, 2021
Appeals Court Affirms In Part, Vacates In Part Noninfringement Judgment
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 26 found that a federal judge in Delaware “correctly interpreted” a license agreement covering the code-division multiple access (CDMA) standard and that the agreement barred a patent owner’s allegations of infringement while the agreement was in effect.
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January 29, 2021
App Developer To 9th Circuit: Apple Used ‘Memoji’ Mark In Bad Faith
SAN FRANCISCO — The developer of a mobile messaging app tells the Ninth Circuit U.S. Court of Appeals in a Jan. 19 reply brief that Apple Inc. cannot claim priority of use in the “Memoji” trademark, asking the court to reverse a trial court’s grant of summary judgment to Apple in a trademark infringement suit centering on the two companies’ competing Memoji apps.