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Mealey's Patents

June 19, 2019
Board Rejection Of Samsung Patent Allegations Reversed By Panel

WASHINGTON, D.C. — An unsuccessful inter partes review (IPR) proceeding initiated by Samsung Electronics Co. Ltd. will be revisited in light of a June 18 decision by the Federal Circuit U.S. Court of Appeals that reversed findings by the Patent Trial and Appeal Board that Samsung failed to establish obviousness (Samsung Electronics Co. Ltd. v. UUSI LLC, No. 18-1310, Fed. Cir., 2019 U.S. App. LEXIS 18185).
June 18, 2019
Judge: Company’s Unfair Competition Claim Against Apple Superseded By CUTSA

OAKLAND, Calif. — A federal judge in California on June 17 ruled that a technology company has failed to sufficiently show that Apple Inc. engaged in unfair competition under California common law when it allegedly infringed on the company’s patented technology and intellectual property to develop its “Emergency SOS” product for its Apple devices because the claim is preempted by federal patent law and is superseded by the California Uniform Trade Secrets Act (CUTSA) (Zomm LLC v. Apple Inc., No. 18-4969, N.D. Calif., 2019 U.S. Dist. LEXIS 101029).
June 18, 2019
Federal Circuit Affirms: Workpiece Support Reissue Patent Is Invalid

WASHINGTON, D.C. — A federal judge in Oklahoma did not err in finding that because a reissue patent claims an invention not disclosed by the original patent, the reissue claims fail to comply with the original patent requirement of the Patent Act, the Federal Circuit U.S. Court of Appeals found June 17 (Forum US Inc. v. Flow Valve LLC, No. 18-1765, Fed. Cir., 2019 U.S. App. LEXIS 18055).
June 18, 2019
Panel Finds No State Sovereign Immunity In Inter Partes Reviews

WASHINGTON, D.C. — Efforts by the Regents of the University of Minnesota (UMN) to avoid a challenge to various UMN patents were unsuccessful June 14, when the Federal Circuit U.S. Court of Appeals found that states do not enjoy sovereign immunity in inter partes review (IPR) proceedings (Regents of the University of Minnesota v. LSI Corporation, et al., No. 18-1559; Regents of the University of Minnesota v. Ericsson Inc., Nos. 2018-1560, -1561, -1562, -1563, -1564, -1565, Fed. Cir., 2019 U.S. App. LEXIS 17887).
June 18, 2019
Rejection Of Interpolation Patent Application Upheld By Federal Circuit

WASHINGTON, D.C. — A patent application relating to a “method of efficiently implementing a multi-dimensional interpolation” was properly rejected, the Federal Circuit U.S. Court of Appeals ruled June 13 (In re: Roman Gitlin, No. 18-1461, Fed. Cir., 2019 U.S. App. LEXIS 17702).
June 17, 2019
In French Press Trade Dress Row, 7th Circuit Upholds Verdict

CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 12 found no error in an Illinois federal judge’s decision to deny a trade dress infringement defendant judgment as a matter of law (JMOL) that a plaintiff failed to prove that its “Chambord” French press coffeemaker features a nonfunctional design (Bodum USA Inc. v. A Top New Casting Inc., No. 18-3020, 7th Cir., 2019 U.S. App. LEXIS 17555).
June 17, 2019
After Inviting Government Views, Supreme Court Won’t Hear Patent Case

WASHINGTON, D.C. — In its June 17 orders list, the U.S. Supreme Court denied certiorari in a case that posed the question of whether the Federal Circuit U.S. Court of Appeals can refuse an appeal of an adverse inter partes review (IPR) on standing grounds when no such standing requirement exists for those seeking IPR (RPX Corp. v. ChanBond LLC, No. 17-1686, U.S. Sup.).
June 14, 2019
In Supplemental Brief, Tech Firm Urges Certiorari In Foreign Patent Sales Suit

WASHINGTON, D.C. — Responding to an amicus curiae brief by the U.S. government, a patent holder filed a supplemental brief with the U.S. Supreme Court on June 3, arguing that an underlying ruling and the precedent on which it relies reflect an incorrect interpretation of what constitutes an offer to sell an infringing item under Section 271(a) of the Patent Act, in asking the high court to provide guidance on domestic an extraterritorial sales (Texas Advanced Optoelectronic Solutions Inc. v. Renesas Electronics America Inc., No. 18-600, U.S. Sup.).
June 11, 2019
Apple, Facebook, WhatsApp Dispute Board’s Patentability Findings

WASHINGTON, D.C. — In a May 29 appellant brief, three partly unsuccessful inter partes review (IPR) petitioners tell the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board erred in determining that various claims of a voice messaging patent are not obvious (Apple Inc., et al. v. Uniloc 2017 LLC, Nos. 2019-1151, -1179, -1203, Fed. Cir.).
June 11, 2019
Patentee, Licensee Defend Enhanced Damages In Patent Case

WASHINGTON, D.C. — Allegations by two patent infringement defendants that a jury’s damage award was not properly apportioned are forfeited, the patent owners tell the Federal Circuit U.S. Court of Appeals in a May 24 appellee brief (Alfred E. Mann Foundation for Scientific Research, et al. v. Cochlear Corp., et al., No. 19-1201, Fed. Cir.).
June 10, 2019
9th Circuit Affirms Verdict Of Willful Trade Dress Infringement

SAN FRANCISCO — In a June 7 unpublished decision, the Ninth Circuit U.S. Court of Appeals found no error in a Washington federal judge’s denial of a renewed motion for judgment as a matter of law (JMOL) of no willful trade dress infringement (National Products Inc. v. Arkon Resources Inc., Nos. 18-35220 and 18-35221, 9th Cir., 2019 U.S. App. LEXIS 17170).
June 10, 2019
Georgia Federal Judge Agrees: Patent Case Belongs In California

DUBLIN, Ga. — Two defendants on June 6 won transfer of patent infringement allegations when a federal judge in Georgia found that the interests of justice are better served with the case proceeding in the Central District of California (Rehrig Pacific Co. v. Polymer Logistics Ltd., et al., No. 18-55, S.D. Ga., 2019 U.S. Dist. LEXIS 95384).
June 10, 2019
‘Anti-Ram’ Patent Is Obvious, Petitioner Tells Patent Board

ALEXANDRIA, Va. — In a June 6 petition for inter partes review (IPR), a perimeter security company maintains that a patented “Anti-Ram System and Method of Installation” recites bollard technology that has been “commonplace . . . for decades” (Guardiar Technologies Inc. v. RSA Protective Technologies LLC, No. IPR2019-01162, PTAB).
June 10, 2019
High Court Rejects Government Bid To Initiate AIA Challenges

WASHINGTON, D.C. — The three administrative review proceedings established by the Leahy-Smith America Invents Act (AIA) cannot be initiated by the U.S. government, which does not qualify as a “person” under the statute, a divided U.S. Supreme Court ruled June 10 (Return Mail Inc. v. U.S. Postal Service, et al., No. 17-1594, U.S. Sup.).
June 7, 2019
Patent Owner Tells Board To Deny Post-Grant Review Request

ALEXANDRIA, Va. — In a June 5 preliminary patent owner response, the maker of a line of wood-fired pellet grills defended its patent covering a cloud-based platform that allows grills to be operated remotely (GMG Products LLC v. Traeger Pellet Grills LLC, No. PGR2019-00035, PTAB).
June 7, 2019
Electronic Check Deposit Technology Singled Out For Inter Partes Review

ALEXANDRIA, Va. — In a June 5 petition filed with the Patent Trial and Appeal Board, Wells Fargo N.A. asserts that a claimed method for improvements in image capture quality as used in electronic check depositing would have been obvious to a person of skill in the art (POSITA) (Wells Fargo Bank N.A. v. United Services Automobile Association, No. IPR2019-01082, PTAB).
June 6, 2019
Parties Reply To Government’s Brief In High Court Petition Over Patent Priority Dates

WASHINGTON, D.C. — In supplemental briefs filed June 4, a genetics analysis company and the maker of a purportedly infringing DNA test respond to a recently filed brief by the U.S. government, arguing in the U.S. Supreme Court as to whether certiorari should be granted on a question of patent priority dates and prior art (Ariosa Diagnostics Inc. v. Illumina Inc., No. 18-109, U.S. Sup).
June 6, 2019
Delaware Federal Judge Denies Preliminary Injunction In Patent Case

WILMINGTON, Del. — In a June 4 holding, a federal judge in Delaware found that because a patent infringement defendant’s theory of patent indefiniteness has “substantial” merit, the patent owner is not entitled to a preliminary injunction (Ingevity Corporation v. BASF Corporation, No. 18-1391, D. Del., 2019 U.S. Dist. LEXIS 93109).
June 6, 2019
Texas Federal Judge Won’t Limit Presuit Patent Damages

MARSHALL, Texas — Efforts by two defendants to persuade a federal judge in Texas to toss a jury’s $3.5 million award of presuit damages were unsuccessful on June 5, when the request was denied (Packet Intelligence LLC v. NetScout Systems Inc., et al., No. 16-230, E.D. Texas, 2019 U.S. Dist. LEXIS 93710).
June 5, 2019
Solar Cell Manufacturing Method Targeted For Inter Partes Review

ALEXANDRIA, Va. — In a June 3 petition, a solar energy company told the Patent Trial and Appeal Board that a claimed method for manufacturing solar cells and a resulting structure would have been obvious to a person of skill in the art (POSITA) (REC Solar Pte. Ltd. v. Hanwha Q CELLS & Advanced Materials Corporation, No. IPR2019-01145, PTAB).