Mealey's Patents
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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.
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January 29, 2021
Government, Surgical Device Firm Tell High Court PTAB Judges Are Inferior Officers
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals erred in finding that administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO) qualify as principal officers that must be appointed by the president, the United States and a surgical device company argue in Jan. 22 reply briefs to the U.S. Supreme Court, in their appeal of a ruling that would vacate and remand three underlying patent cases.
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January 28, 2021
3rd Circuit Grants Rehearing, Expounds On Trade Dress Ruling
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Jan. 26 agreed to rehear a trade dress dispute following amicus curiae briefs from three interested parties that questioned the panel’s October finding of no protection for a thin, stick-shaped cookie; in their newly issued opinion the same day, however, the panel reached the same conclusion.
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January 28, 2021
$125M Patent Verdict Should Be Tossed, Appellant Tells Federal Circuit
WASHINGTON, D.C. — In a Dec. 31 brief filed with the Federal Circuit U.S. Court of Appeals, the makers of a computerized roof-measurement program maintain that two patents they were found to infringe are ineligible for patenting under Section 101 of the Patent Act.
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January 27, 2021
Post-Grant Review Of Antibody-Drug Conjugate Patent Requested
ALEXANDRIA, Va. — Two pharmaceutical companies on Jan. 22 petitioned the Patent Trial and Appeal Board for post-grant review (PGR) of a recently issued patent relating to cancer therapy.
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January 27, 2021
Juniper Tells Board Network Connectivity Patent Is Obvious
ALEXANDRIA, Va. — In a Jan. 26 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, Juniper Networks Inc. says 16 claims of a patented method for improving network connectivity should be canceled.
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January 26, 2021
Apple Tells Federal Circuit Board Erred In Construing Patent Claims
WASHINGTON, D.C. — In a Jan. 25 appellant brief filed with the Federal Circuit U.S. Court of Appeals, Apple Inc. disputes findings by the Patent Trial and Appeal Board in four inter partes reviews (IPRs) of a patent directed to an activation button.
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January 26, 2021
Certiorari Denied In Dispute Over Abstract Idea Exception To Patentability
WASHINGTON, D.C. — In its Jan. 25 order list, the U.S. Supreme Court denied a petition for a writ of certiorari that posed the question of whether the Federal Circuit U.S. Court of Appeals has “properly narrowed the scope of the abstract idea exception” to Section 101 of the Patent Act.
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January 25, 2021
Samsung Singles Out Ericsson Patent For Inter Partes Review
ALEXANDRIA, Va. — In a Jan. 22 filing with the Patent Trial and Appeal Board, Samsung Electronics Co. Ltd. asserts that a patented method for facilitating the exchange of data in wireless communications networks relies upon a formula that was already known by persons of skill in the art at the time of patenting.
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January 25, 2021
Method For Improving Computer Memory Is Valid, Patent Owner Says
ALEXANDRIA, Va. — In a Jan. 23 preliminary patent owner response filed with the Patent Trial and Appeal Board, Flash-Control LLC maintains that its patented technology for improving computer memory systems’ read and write performance is nonobvious.
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January 22, 2021
Intel Mandamus Petition Over Transferred Patent Trial Denied By Federal Circuit
WASHINGTON, D.C. — Weeks after it granted a petition for a writ of mandamus by Intel Corp. over a Texas federal judge’s decision to transfer a planned patent infringement trial from one division to another, the Federal Circuit U.S. Court of Appeals on Jan. 21 denied a subsequent petition by Intel, finding no abuse of discretion in the district court’s retransfer of the case pursuant to Section 1404(a) of the general venue statute.
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January 22, 2021
Federal Circuit Affirms: Patented Lubricating Oil Composition Is Obvious
WASHINGTON, D.C. — In a Jan. 21 holding, the Federal Circuit U.S. Court of Appeals ruled that a Patent Trial and Appeal Board determination of obviousness with regard to a lubricating oil composition for use in internal combustion engines was supported by substantial evidence.
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January 22, 2021
Generic Drug Application Yields Patent Complaint In Delaware Federal Court
WILMINGTON, Del. — Amgen Inc., maker of the chronic heart failure (CHF) drug Corlanor, levied allegations of patent infringement against the filers of an abbreviated new drug application (ANDA) in a complaint filed Jan. 20 in Delaware federal court.
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January 21, 2021
Nevada Federal Judge: Amended Infringement Contentions Are Untimely
LAS VEGAS — In a Jan. 20 order, a federal judge in Nevada granted a motion to strike untimely amended infringement contentions in a dispute over a reissue patent relating to a system for redirecting internet users.
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January 20, 2021
Delaware Federal Magistrate: Dismiss Willful Patent Infringement Claim
WILMINGTON, Del. — In a Jan. 15 report and recommendation, a federal magistrate judge in Delaware concluded that although an allegation of direct single actor patent infringement should proceed, allegations that the infringement was willful should be dismissed.
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January 20, 2021
Allegation LED Patent Is Obvious, Correctly Rejected, Panel Says
WASHINGTON, D.C. — In a Jan. 19 ruling, the Federal Circuit U.S. Court of Appeals rejected assertions by a petitioner for inter partes review (IPR) that the Patent Trial and Appeal Board erred in rejecting its allegation of obviousness.
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January 19, 2021
Mylan Appeal Of Adverse Inter Partes Review Rejected By Federal Circuit
WASHINGTON, D.C. — In a Jan. 15 judgment, the Federal Circuit U.S. Court of Appeals upheld a decision by the Patent Trial and Appeal Board to allow, on remand, substitute patent claims in an inter partes review (IPR), in a win for the owner of a patented treatment of prostate cancer.