Mealey's Patents

  • April 09, 2020

    In Patent Case, Court ‘Misinterpreted’ Public Use On-Sale Bars, Panel Says

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 8 reversed and remanded to a Georgia federal court its findings that a polymer preparation patent is invalid as anticipated and obvious (BASF Corporation v. SNF Holding Co., et al., No. 19-1243, Fed. Cir., 2020 U.S. App. LEXIS 11007).

  • April 08, 2020

    In Patent Inventorship Row, Panel Vacates Denial Of Fee Request

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 7 found that the U.S. Supreme Court decision in Microsoft Corp. v. Baker is “inapplicable” to a request for attorney fees in a dispute over patent inventorship that was voluntarily dismissed with prejudice (Larry D. Butterfield v. Keith Manufacturing Co., No. 19-1136, Fed. Cir.).

  • April 08, 2020

    Federal Circuit Agrees With Samsung, Deems Patent Claim Indefinite

    WASHINGTON, D.C. — A federal judge in Texas did not err in declaring a single claim of a patented radio communication system indefinite, the Federal Circuit U.S. Court of Appeals concluded April 7 (Uniloc USA, et al. v. Samsung Electronics America Inc., et al., No. 19-2072, Fed. Cir., 2020 U.S. App. LEXIS 10901).

  • April 08, 2020

    PTO Invalidity Findings Not Adequately Explained, Federal Circuit Says

    WASHINGTON, D.C. — In an April 7 holding, the Federal Circuit U.S. Court of Appeals vacated and remanded to the U.S. Patent and Trademark Office (PTO)’s Patent Trial and Appeal Board its determination that claims 1-6, 9, 10, 12-39, 41-47, 49-58 and 63-70 of a hearing aid patent are obvious (In re: Anova Hearing Labs Inc., No. 19-1507, Fed. Cir.).

  • April 07, 2020

    Petitioners Maintain Ineligibility Ruling No Bar To Patent Board Review

    ALEXANDRIA, Va. — Three challengers of a patent directed to systems and methods of payment escrow maintain in an April 3 supplemental brief that the Patent Trial and Appeal Board should proceed with covered business method (CBM) review despite a recent determination in California federal court that the technology is ineligible for patenting (Stripe Inc., et al. v. Boom! Payments Inc., No. CBM2020-00002, PTAB).

  • April 06, 2020

    Patent Licensee Prevails In Texas Following Recent Bench Trial

    WACO, Texas — A counterclaimant patent licensee on April 3 was awarded $39.9 million in connection with what a Texas federal judge deemed “appalling” conduct by the patent owner (Diamondback Industries Inc. v. Repeat Precision LLC, et al., No. 19-34, N.D. Texas).

  • April 06, 2020

    Panel: Trade Secret Claim Not Dependent On Resolution Of Patent Law Question

    WASHINGTON, D.C. — A federal district court erred in denying remand of a trade secret misappropriation suit because a technology company’s trade secret claim was not dependent on the resolution of “a substantial question of federal patent law,” a Federal Circuit U.S. Court of Appeals panel ruled April 3 in reversing and remanding (Intellisoft Ltd., et al. v. Acer America Corp., et al., No. 19-1522, Fed. Cir., 2020 U.S. App. LEXIS 10511).

  • April 06, 2020

    Injunction Barring Threats Of Litigation Was Abuse Of Discretion, Panel Says

    WASHINGTON, D.C. — A Michigan federal judge abused his discretion when barring a patent owner from making allegations of infringement against a former partner and from making threats of litigation against the former partner’s customers, the Federal Circuit U.S. Court of Appeals ruled April 3 (BlephEx LLC v. Myco Industries Inc., No. 19-2374, Fed. Cir., 2020 U.S. App. LEXIS 10510).

  • April 02, 2020

    Voice Over Internet Protocol Technology Is Patent-Eligible, Owner Says

    WASHINGTON, D.C. — A federal judge in California erred in declaring four patents relating to voice over internet protocol (VoIP) technology ineligible under Section 101 of the Patent Act, 35 U.S.C. §101, the patent owner maintains in a Feb. 24 appellant brief filed with the Federal Circuit U.S. Court of Appeals ( Inc. v. Apple Inc., No. 20- 1241, 20-1244, Fed. Cir.).

  • April 01, 2020

    Board Deems Sunoco Butane Blending Method Anticipated By Prior Art

    ALEXANDRIA, Va. — In a March 31 final written decision, the Patent Trial and Appeal Board found that a system and method for blending butane into gasoline streams at any point along a petroleum pipeline is unpatentable (Magellan Midstream Partners LP v. Sunoco Partners Marketing & Terminals L.P., No. IPR2019-00025, PTAB).

  • April 01, 2020

    Panel Finds Appellate Jurisdiction Exists In Fracking Patent Dispute

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 31 reached the merits of and ultimately affirmed a Texas federal judge’s construction of various disputed claims in a fracking patent, after rejecting a challenge to the court’s appellate jurisdiction (EnerPol LLC v. Schlumberger Technology Corp., Nos. 2019-1079, -1120, Fed. Cir.).

  • March 31, 2020

    Netflix Prevails Before Board In Review Of Data Compression Patent

    ALEXANDRIA, Va. — In a March 30 final written decision, the Patent Trial and Appeal Board canceled all 14 challenged claims of a patent directed to a bandwidth-sensitive data compression system, in a win for Netflix Inc. (Netflix Inc. v. Realtime Adaptive Streaming LLC, No. IPR2018-01817, PTAB).

  • March 30, 2020

    On Appeal, Scientists Dispute Inventorship Of Cancer Treatment Patents

    WASHINGTON, D.C. — In a March 25 appellee brief, the two named inventors of a patented treatment for castration resistant prostate cancer defend the rejection by a California federal judge of an appellant’s assertion that he is a co-inventor (Degui Chen v. Michael Jung, et al., No. 20-1255, Fed. Cir.).

  • March 30, 2020

    Panel Affirms Summary Judgment In Favor Of Trade Dress Defendant

    RICHMOND, Va. —The Fourth Circuit U.S. Court of Appeals on March 27 agreed with a North Carolina federal judge that an appellant’s claimed trade dress for its chicken feeder is functional, and thus qualifies for protection only via utility patent (CTB Inc. v. Hog Slat Inc., No. 18-2107, 4th Cir., 2020 U.S. App. LEXIS 9642).

  • March 27, 2020

    Patent Board Won’t Rehear Denied Motion To Stay Inter Partes Reviews

    ALEXANDRIA, Va. — A patent owner’s request for rehearing of a recent decision by the Patent Trial and Appeal Board that denied a stay or termination of nine inter partes reviews (IPRs) of six patents was denied March 25 by the board (Comcast Cable Communications LLC v. Rovi Guides Inc., Nos. IPR2019-00224, IPR2019-00231, IPR2019-00237, IPR2019-00239, IPR2019-00281, IPR2019-00290, IPR2019-00292, IPR2019-00299, IPR2019-00555, PTAB).

  • March 27, 2020

    Google Wins Dismissal Of Willful Infringement Counterclaim In California

    SAN FRANCISCO — Allegations that Google LLC willfully infringed a patent covering a portable QWERTY keyboard were dismissed March 26 by a federal judge in California, but the patent owner was granted leave to amend (Google LLC v. Princeps Secundus LLC, No. 19-6566, N.D. Calif., 2020 U.S. Dist. LEXIS 52753).

  • March 26, 2020

    Kansas Federal Judge: Trade Dress Claims Not Preempted By Patent Clause

    KANSAS CITY, Kan. — A request for summary judgment by the maker of an accused bridesmaid gown was denied March 24 by a federal judge in Kansas, who rejected as “not well taken” arguments by the defendant that trade dress infringement claims are preempted by the patent clause of the U.S. Constitution (Jenny Yoo Collection Inc. v. Essense of Australia Inc., No. 17-2666, D. Kan., 2020 U.S. Dist. LEXIS 50486).

  • March 26, 2020

    Panel Affirms 3 Patents Infringed, But Says 2 Others Not

    WASHINGTON, D.C. — Citing a lack of “particularized testimony,” the Federal Circuit U.S. Court of Appeals on March 25 reversed findings by a Delaware federal judge that two patents are infringed under the doctrine of equivalents by a proposed treatment of low-dose doxycycline for acne or rosacea (Galderma Laboratories L.P., et al. v. Amneal Pharmaceuticals LLC, et al., No. 19-1021, Fed. Cir., 2020 U.S. App. LEXIS 9341).

  • March 25, 2020

    Patent Owner Urges Board To Deny Inter Partes Review

    ALEXANDRIA, Va. — Citing a planned December 2020 trial in California federal court, a patent owner in a March 23 response asks the Patent Trial and Appeal Board to exercise its discretionary authority and deny institution of inter partes review (LG Electronics Inc. v. Bell Northern Research LLC, No. IPR2019-00319, PTAB).

  • March 24, 2020

    Patent Owner: Texas Court Misconstrued Disputed Claim Term

    WASHINGTON, D.C. — In a Feb. 27 appellant brief, the owner of a patented method of removing debris from the edges of the eyelid argues that a Texas federal judge erred in relying on a dictionary definition of “swab” during claim construction, leading to a stipulation of infringement (BlephEx LLC v. Pain Point Medical Systems Inc., No. 20-1187, Fed. Cir.).

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