Mealey's Patents

  • November 16, 2020

    Federal Circuit Upholds Final Rejection Of Google Patent Application

    WASHINGTON, D.C. — In a Nov. 13 ruling, the Federal Circuit U.S. Court of Appeals found that claim construction arguments made by Google Technology Holdings LLC in its appeal of a final rejection of various claims of a caching patent are forfeited (In re:  Google Technology Holdings LLC, No. 19-1828, Fed. Cir., 2020 U.S. App. LEXIS 35647).

  • November 16, 2020

    In Inventorship Row, Federal Circuit Says Judgment Premature

    WASHINGTON, D.C. — In what it deemed a “quintessentially fact-laden” case, the Federal Circuit U.S. Court of Appeals on Nov. 10 vacated and remanded a grant of summary judgment by a federal judge in New York in a dispute over patent inventorship (Ferring B.V., et al. v. Allergan Inc., et al., No. 20-1098, Fed. Cir., 2020 U.S. App. LEXIS 35383).

  • November 12, 2020

    Oracle Tells Patent Board Bit-Level Permutations Were Well Known

    ALEXANDRIA, Va. — In a Nov. 6 petition for inter partes review (IPR), Oracle Corp. and Oracle America Inc. (Oracle, collectively) tell the Patent Trial and Appeal Board that it should cancel 10 claims of a patent relating to the “idea of doing arbitrary permutations (i.e., rearrangements) of individual bits in a register” (Oracle Corporation, et al. v. Teleputers LLC, No. IPR2021-00078, PTAB).

  • November 12, 2020

    Patent Owner Tells Panel Board Violated ‘All-Elements’ Rule

    WASHINGTON, D.C. — In a Nov. 2 reply brief, the owner of two patents used in the medical transcription industry defended its technology as valid and told the Federal Circuit U.S. Court of Appeals that arguments to the contrary in a recent appellee brief are insufficient (Nuance Communication Inc. v. MModal LLC, Nos. 2020-1549, -1550, Fed. Cir.).

  • November 11, 2020

    PTO, Patent Challenger Tell Panel To Reject Due Process Arguments

    WASHINGTON, D.C. — In an Oct. 27 intervenor brief, the U.S. Patent and Trademark Office (PTO) argues that the funding mechanism associated with the Patent Trial and Appeal Board (PTAB) is not unconstitutional and urges the Federal Circuit U.S. Court of Appeals to reject a patent owner’s appeal asserting otherwise (New Vision Gaming and Development Inc. v. SG Gaming Inc., No. 20-1399, Fed. Cir.).

  • November 10, 2020

    Patent Infringement, Trade Secret Claims Sufficiently Pleaded, Judge Rules

    HARRISBURG, Pa. — A federal judge in Pennsylvania on Nov. 6 ruled that a manufacturer of industrial air-handling systems has sufficiently pleaded that its customer data is a trade secret and that the company took reasonable measures to protect the secrecy of the information in pleading that a former employee and an industry competitor misappropriated the proprietary information in violation of federal securities law (Air Dynamics Industrial Systems Inc. v. D. Aaron Lehman, et al., No. 19-2073, M.D. Pa., 2020 U.S. Dist. LEXIS 207899).

  • November 10, 2020

    Divided Federal Circuit Grants Apple Mandamus Request In Patent Row

    WASHINGTON, D.C. — In a Nov. 9 order, a deeply divided Federal Circuit U.S. Court of Appeals directed a federal judge in Texas to send allegations of patent infringement leveled against Apple Inc. to California federal court, citing numerous errors in the district court’s denial of Apple’s motion to transfer (In re:  Apple, No. 20-135, Fed. Cir., 2020 U.S. App. LEXIS 35326).

  • November 09, 2020

    Nokia Search Patent Questioned In New Inter Partes Review Petition

    ALEXANDRIA, Va. — In a Nov. 4 petition for inter partes review (IPR), Google LLC tells the Patent Trial and Appeal Board that a patented method for streamlining information search and processing on a communications device is obvious (Google LLC v. Nokia Technologies Oy, No. IPR2021-00163, PTAB).

  • November 06, 2020

    Trademark Board Refusal To Register Box Designs Affirmed By Federal Circuit

    WASHINGTON, D.C. — An examining attorney’s determination that two box designs for electric cables and wires are unprotectable as functional, later upheld by the Trademark Trial and Appeal Board, was proper, the Federal Circuit U.S. Court of Appeals said Nov. 5 (In re:  Reelex Packaging Solutions Inc., No. 20-1282, Fed. Cir., 2020 U.S. App. LEXIS 35083).

  • November 06, 2020

    Panel Clarifies Venue In Patent Disputes Over Proposed Generics

    WASHINGTON, D.C. — In a Nov. 5 holding, the Federal Circuit U.S. Court of Appeals applied the U.S. Supreme Court’s standard for determining venue in a patent infringement action to generic drug disputes and found that infringement “occurs” only in districts “where actions related to the submission” of an abbreviated new drug application (ANDA) took place (Valeant Pharmaceuticals North America LLC, et al. v. Mylan Pharmaceuticals Inc., et al., No. 19-2402, Fed. Cir.).

  • November 05, 2020

    Divided Panel Affirms Claim Construction In Interference Proceeding

    WASHINGTON, D.C. — In a Nov. 4 holding, a panel majority of the Federal Circuit U.S. Court of Appeals upheld construction of a “gradually and continuously changing” limitation in a patent relating to a procedure for yielding information about oil (Chevron U.S.A. Inc. v. The University of Wyoming Research Corporation, No. 19-1530, Fed. Cir., 2020 U.S. App. LEXIS 34881).

  • November 04, 2020

    Panel Denies Mandamus In Dispute Over Adverse Inference In Patent Row

    WASHINGTON, D.C. — In a Nov. 3 order, the Federal Circuit U.S. Court of Appeals denied mandamus sought by a petitioner who asked the panel to vacate a California federal judge’s order granting an adverse inference jury instruction in a patent dispute as a sanction for deleted emails (In re: Ivantis Inc., No. 20-147, Fed. Cir.).

  • November 04, 2020

    Patent Owner:  ITC, Not Board, Proper Forum For Assessing Validity

    ALEXANDRIA, Va. — In an Oct. 30 preliminary patent owner response, a maker of gaming products urges the Patent Trial and Appeal Board (PTAB or board) to exercise its discretion and deny inter partes review (IPR) of a gaming controller patent (Nintendo Of America Inc. v. Gamevice Inc., No. IPR2020-01197, PTAB).

  • November 03, 2020

    Validity Of Blackberry Patent Challenged In New Inter Partes Review Petition

    ALEXANDRIA, Va. — A software company that is already maintaining a declaratory judgment action involving a Blackberry Ltd. patent in California federal court on Nov. 2 challenged the validity of the patent with a petition for inter partes review (IPR) by the Patent Trial and Appeal Board (MobileIron Inc. v. Blackberry Ltd., No. IPR2021-00157, PTAB).

  • November 03, 2020

    Skechers Asks Patent Board To Cancel 4 Claims Of Nike Patent

    ALEXANDRIA, Va. — A patent titled “Article of Footwear Having a Fluid-filled Bladder with a Reinforcing Structure” should be canceled as obvious, according to an Oct. 30 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Skechers USA Inc. v. Nike Inc., No. IPR2021-00160, PTAB).

  • November 03, 2020

    After Texas Patent Complaint, TikTok Files Suit In California

    SAN FRANCISCO — In an Oct. 28 declaratory judgment complaint filed in California federal court, TikTok Inc. (TTI) and a holding company deny infringing a patent relating to the creation of music videos (TikTok Inc., et al. v. Triller Inc., No. 20-7572, N.D. Calif.).

  • November 03, 2020

    In New Jersey Patent Row, Invalidity Claim Won’t Be Stricken

    TRENTON, N.J. — The owner by assignment of a patent relating to a method of detecting and treating skin cancer on Oct. 30 failed to persuade a New Jersey federal judge that he should strike a declaratory judgment plaintiff’s invalidity contentions (Canfield Scientific Inc. v. Dr. Rhett Drugge, et al., No. 16-4636, D. N.J., 2020 U.S. Dist. LEXIS 203131).

  • November 02, 2020

    Supreme Court Rejects Certiorari Bid In Dispute Over Patent Indefiniteness

    WASHINGTON, D.C. — In its Nov. 2 orders list, the U.S. Supreme Court turned away a request by a brand-name drug maker for review of a divided 2019 Federal Circuit U.S. Court of Appeals affirmance that a disputed patent is indefinite (HZNP Finance Limited, et al. v. Actavis Laboratories UT Inc., No. 20-88, U.S. Sup.).

  • November 02, 2020

    Appeals Dismissed, Mandamus Denied In Cisco Patent Dispute

    WASHINGTON, D.C. — A refusal by the Patent Trial and Appeal Board to institute inter partes review (IPR) of two patents challenged by Cisco Systems Inc. will stand, the Federal Circuit U.S. Court of Appeals ruled Oct. 30 (In re: Cisco Systems Inc., No. 20-148, Fed. Cir., 2020 U.S. App. LEXIS 34349).

  • November 02, 2020

    Relief Partly Granted In Illinois Lanham Act, False Patent Marking Row

    CHICAGO — Plaintiffs asserting that a competitor used registered and unregistered trademarks without permission won partial preliminary injunctive relief Oct. 29, when an Illinois  federal judge agreed that a website — since deactivated — contained false and misleading statements (Holbrook Manufacturing LLC, et al. v. Rhyno Manufacturing Inc., et al., No. 20-5940, N.D. Ill., 2020 U.S. Dist. LEXIS 201695).

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