Mealey's Patents

  • December 11, 2020

    Government, Medical Tech Firm Tell High Court PTAB Judges Are ‘Inferior Officers’

    WASHINGTON, D.C. — The U.S. government and a portfolio medical technology company each filed an opening merits brief on Nov. 25 in a combined U.S. Supreme Court appeal over the appointment of administrative patent judges (APJs) in the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB), with each arguing that the judges constitute inferior officers under the appointments clause of the U.S. Constitution and, as such, that underlying APJ rulings were made by properly appointed judges and do not merit reversal (United States v. Arthrex Inc., et al., No. 19-1434; Smith & Nephew Inc., et al. v. Arthrex Inc., et al., No. 19-1452; Arthrex Inc., et al. v. Smith & Nephew Inc., et al., No. 19-1458, U.S. Sup.).

  • December 11, 2020

    Judge Finds No UCL Violation, Orders 3 Defendants To Pay $8M For Infringements

    SACRAMENTO, Calif. — A federal judge in California on Nov. 17 ordered an attorney and two entities to pay a doctor and his practice $7.9 million in damages and statutory damages of $150,000 after finding them jointly and severally liable for patent infringement and copyright infringement of the plaintiff doctor’s pulsed insulin diabetes treatment method but found that the plaintiffs failed to provide evidence of damages under California’s unfair competition law (UCL) and false advertising law (FAL) (Thomas Aoki, et al. v. Gregory Ford Gilbert, et al., No. 11-2797, E.D. Calif., 2020 U.S. Dist. LEXIS 215130).

  • December 10, 2020

    Patented Prepacked Medical Device Tray Is Obvious, Appellant Says

    WASHINGTON, D.C. — In a Nov. 30 appellant brief filed with the Federal Circuit U.S. Court of Appeals, a medical technology company argues that the Patent Trial and Appeal Board erroneously confirmed as not obvious various claims of a patented arrangement of medical components in a prepacked tray (C.R. Bard Inc. v. Medline Industries Inc., Nos. 20-1900, -1905, Fed. Cir.).

  • December 09, 2020

    Review Of Genetic Info Gap-Filling Patent Requested In New Petition

    ALEXANDRIA, Va. — In a Dec. 7 petition for inter partes review (IPR), a genetic testing company tells the Patent Trial and Appeal Board that a recently issued patent covers something other than what is claimed in the specification (Progenity Inc. v. Natera Inc., No. IPR2021-00279, PTAB).

  • December 09, 2020

    PTO Intervenes To Defend Claim Construction In Patent Row

    WASHINGTON, D.C. — The director of the U.S. Patent and Trademark Office (PTO) intervened before the Federal Circuit U.S. Court of Appeals on Nov. 13 in a dispute over a patented wireless recording system the Patent Trial and Appeal Board deemed anticipated and obvious, defending the board’s findings (Zaxcom Inc. v. Lectrosonics Inc., Nos. 2020-1350, -1405, Fed. Cir.).

  • December 08, 2020

    Panel: Patent Application For Low-Carb Baking Method Properly Rejected

    WASHINGTON, D.C. — In a Dec. 8 holding, the Federal Circuit U.S. Court of Appeals affirmed a determination by the Patent Trial and Appeal Board that an examiner correctly rejected as obvious an application to patent a method for making low-carbohydrate baked food products (In re: David John Fulton, No. 20-1384, Fed. Cir.).

  • December 08, 2020

    Credit Extension Patent Targeted In New Petition For Inter Partes Review

    ALEXANDRIA, Va. — A petitioner maintains in a Dec. 3 filing with the Patent Trial and Appeal Board that an examiner erred in approving a patent relating to a method for extending credit to consumers at a point-of-sale terminal (Askeladden LLC v. eCredit Solutions LLC, No. IPR2021-00278, PTAB).

  • December 07, 2020

    Patent Owner Urges Board To Discretionarily Deny Petition For Review

    ALEXANDRIA, Va. — In a Dec. 4 preliminary response, a patent owner tells the Patent Trial and Appeal Board that inter partes review (IPR) of a bandwidth optimization patent should not be instituted (Intel Corporation v. FG SRC LLC, No. IPR2020-01449, PTAB).

  • December 07, 2020

    Patented 3D Technology Is Obvious, Petitioner Tells Board In New Filing

    ALEXANDRIA, Va. — An augmented reality development company maintains in a Dec. 4 petition for inter partes review (IPR) that the Patent Trial and Appeal Board should cancel nine claims of a patent directed to an application for requesting and receiving 3D objects that can be placed into a 3D scene, which is reconfigurable using a graphical user interface (GUI) (Marxent Labs LLC v. AR Design Innovations LLC, No. IPR2021-00271, PTAB).

  • December 04, 2020

    Delaware Federal Judge Leaves Patent Eligibility Question For Jurors

    WILMINGTON, Del. — A request for summary judgment of patent ineligibility by a defendant accused of infringing a patented method for determining rejection of a transplanted organ was denied Dec. 1 by a federal judge in Delaware (CareDX Inc. v. Eurofins Viracor Inc., No. 19-1804, D. Del., 2020 U.S. Dist. LEXIS 223808).

  • December 03, 2020

    Proposed Bioequivalent Prompts Patent Assignee, Licensee To File Suit In New Jersey

    TRENTON, N.J. — In a Nov. 30 complaint filed in the U.S. District Court for the District of New Jersey, the makers of VASCEPA — a brand name prescription medication that reduces the risk of cardiovascular (CV) events — assert that efforts to market a generic bioequivalent would infringe three patents (Amarin Pharma Inc., et al. v. Hikma Pharmaceuticals PLC, et al., No. 20-1630, D. N.J.).

  • December 02, 2020

    Mandamus Request Over Denied Stay Of Texas Patent Case Rejected

    WASHINGTON, D.C. — Efforts by patent infringement defendants to stay Texas federal litigation while the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board decides whether to institute their petition for post-grant review (PGR) were unsuccessful Nov. 25, when the Federal Circuit U.S. Court of Appeals denied mandamus (In re:  Vulcan Industrial Holdings LLC, No. 20-151, Fed. Cir., 2020 U.S. App. LEXIS 37214).

  • December 02, 2020

    Patent Owner Appeal Of Reexamination Findings Rejected By Federal Circuit

    WASHINGTON, D.C. — Findings by the Patent Trial and Appeal Board that various claims of a bicycle rack patent would have been obvious to a person of skill in the art will stand, the Federal Circuit U.S. Court of Appeals ruled Nov. 30 (In re:  David Tsai, No. 20-1437, Fed. Cir., 2020 U.S. App. LEXIS 37423).

  • December 01, 2020

    Federal Circuit:  All Claims Of E-Trading Patents Are Ineligible

    WASHINGTON, D.C. — A federal judge in Delaware did not err in dismissing allegations of patent infringement because all challenged claims of the five patents at issue recite ineligible subject matter under Section 101 of the Patent Act, the Federal Circuit U.S. Court of Appeals concluded Nov. 25 (Fast 101 Pty Ltd. v. Citigroup Inc., et al., No. 20-1458, Fed. Cir., 2020 U.S. App. LEXIS 37213).

  • December 01, 2020

    In Blow To Cisco, Federal Circuit Affirms Patent Is Not Obvious

    WASHINGTON, D.C. — Ten claims of a patented interference-reducing adaptive antenna were correctly confirmed as patentable by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled Nov. 25 (Cisco Systems Inc. v. XR Communications LLC, No. 20-1105, Fed. Cir., 2020 U.S. App. LEXIS 37212).

  • November 30, 2020

    Federal Circuit Affirms Patent Board Prior Art Finding In Win For Twitter

    WASHINGTON, D.C. — In a Nov. 25 ruling, the Federal Circuit U.S. Court of Appeals found no error in a determination by the Patent Trial and Appeal Board that a book first published in 2011 qualifies as a printed publication for purposes of serving as relevant prior art in an inter partes review (IPR) (VidStream LLC v. Twitter Inc., Nos. 2019-1734, -1735, Fed. Cir., 2020 U.S. App. LEXIS 37201).

  • November 30, 2020

    Apple Accused By Patent Owner Of ‘Stonewalling,’ ‘Concealing’ Documents

    WASHINGTON, D.C. — In a nonconfidential, redacted reply brief filed Nov. 16 with the Federal Circuit U.S. Court of Appeals, a patent owner said a recent brief by Apple Inc. that urges the court to uphold a stipulation of noninfringement makes clear that a California federal judge abused his discretion when he denied a motion to amend the underlying infringement contentions (DSS Technology Management Inc. v. Apple Inc., No. 20-1570, Fed. Cir.).

  • November 25, 2020

    Google Seeks Board Review Of Media Identification Patent

    ALEXANDRIA, Va. — In a Nov. 23 petition for inter partes review (IPR), Google LLC told the Patent Trial and Appeal Board that a patented system for identifying media items associated with a geographic area of interest to a user would have been obvious to a person of skill in the art (POSA) (Google LLC v. Ikorongo Technology LLC, No. IPR2021-00205, PTAB).

  • November 23, 2020

    PTO Intervenes In Uniloc Patent Row To Defend Claim Construction

    WASHINGTON, D.C. — In an intervenor brief filed Nov. 20 with the Federal Circuit U.S. Court of Appeals, the U.S. Patent and Trademark Office asserted that the Patent Trial and Appeal Board properly construed “glitch” as the term appears in a patent covering a system for waking up an idled electronic device; that same day, Apple Inc. also weighed in in the dispute, urging the panel to affirm the board’s finding of unpatentability (Uniloc 2017 LLC v. Apple Inc., No. 20-1699, Fed. Cir.).

  • November 23, 2020

    Patent Owner Defends Technology As Valid In Response To Board

    ALEXANDRIA, Va. — A petition for inter partes review (IPR) of a call captioning patent should be rejected under the Patent Trial and Appeal Board’s discretionary authority to deny institution, the patent owner told the board on Nov. 20 (CaptionCall LLC v. Ultratec Inc., No. IPR2020-01216, PTAB.).

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