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).
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).
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).
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).
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).
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.).
DALLAS — In a March 20 ruling, a federal judge in Texas denied efforts by three plaintiffs to obtain dismissal of allegations that they engaged in inequitable conduct before the U.S. Patent and Trademark Office (PTO) when securing two hoverboard patents (Unicorn Global Inc., et al. v. GoLabs Inc., et al., No. 19-754, N.D. Texas, 2020 U.S. Dist. LEXIS 48315).
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 23 denied panel rehearing and rehearing en banc of a dispute over the constitutionality of the Patent Trial and Appeal Board administrative patent judges (APJs), in an order that spawned two concurrences and three dissents (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 18-2140, Fed. Cir., 2020 U.S. App. LEXIS 9026).
WACO, Texas — Efforts by four defendants associated with the “Bumble” dating app to obtain dismissal of allegations they infringed three patents and the “Swipe” trademark were unsuccessful March 18, when a federal judge in Texas instead ruled the case should proceed (Match Group LLC v. Bumble Holding Limited, et al., No. 18-80, W.D. Texas, 2020 U.S. Dist. LEXIS 46656).
ALEXANDRIA, Va. — The owner of a patented technique for controlling vehicle engine output maintains in a March 17 preliminary response filed with the Patent Trial and Appeal Board that efforts by Volkswagen Group of America Inc. to cancel various claims of the patent should fail (Volkswagen Group of America Inc. v. Michigan Motor Technologies LLC, No. IPR2020-00169, PTAB).
WASHINGTON, D.C. — In a March 18 ruling, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board erred in allowing Facebook Inc. to join two subsequent inter partes reviews (IPRs) to two existing IPRs and, in so doing, introducing new patent claims to the proceedings (Facebook Inc. v. Windy City Innovations LLC, Nos. 2018-1400, -1401, -1402, -1403, -1537, -1540, -1541, Fed. Cir., 2020 U.S. App. LEXIS 8522).
WASHINGTON, D.C. — Although reversing and remanding a New Jersey federal judge’s determination that various claims of one patent covering a type of treating type 2 diabetes mellitus is drawn to patent-ineligible subject matter, the Federal Circuit U.S. Court of Appeals on March 16 upheld a bench trial judgment that claims of two other patents in suit are invalid for obviousness and obviousness-type double patenting (Boehringer Ingelheim Pharmaceuticals Inc., et al., v. Mylan Pharmaceuticals Inc., et al., No. 19-1172, Fed. Cir., 2020 U.S. App. LEXIS 8393).
WASHINGTON, D.C. — In a ruling issued March 17, a divided Federal Circuit U.S. Court of Appeals disagreed with a California federal judge that various claims of two patents relating to separating fetal DNA from maternal DNA in cell-free DNA floating in a mother’s bloodstream are directed to an ineligible natural phenomenon (Illumina Inc., et al. v. Ariosa Diagnostics Inc., et al., No. 19-1419, Fed. Cir., 2020 U.S. App. LEXIS 8327).
WILMINGTON, Del. — Just over one week after it sued a biotechnology company and its subsidiary for patent infringement in Delaware federal court, the owner of two patents relating to biological fluid testing said in a statement March 17 that it would grant royalty-free licenses to third parties who use its patented technology while developing tests for the novel coronavirus disease (COVID-19) (Labrador Diagnostics LLC v. Biofire Diagnostics LLC, et al., No. 20-348, D. Del.).
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 16 upheld an award of more than $268 million in enhanced damages in a dispute over cochlear implant patents (Alfred E. Mann Foundation for Scientific Research, et al. v. Cochlear Corp., et al., No. 19-1201, Fed. Cir.).
ALEXANDRIA, Va. — Ethicon LLC on March 12 filed a patent owner response with the Patent Trial and Appeal Board in which the medical device maker asserts that the inventors of a “novel motor-powered surgical stapler” addressed a “critical concern” not solved by prior art (Intuitive Surgical Inc. v. Ethicon LLC, No. IPR2019-00991, PTAB).
ALEXANDRIA, Va. — A claimed process for automatically generating top-level index files for use in adaptive bitrate streaming is obvious to a person of skill in the art, two popular streaming services assert in a March 11 petition for inter partes review (IPR) (Netflix Inc., et al. v. Divx LLC, No. IPR2020-00648, PTAB).
WASHINGTON, D.C. — In a Feb. 28 reply brief filed with the Federal Circuit U.S. Court of Appeals, a patent owner maintains that prior art relied upon by the Patent Trial and Appeal Board in declaring six claims of a data management patent obvious do not teach key “monitoring” limitations (Sound View Innovations LLC v. Hulu LLC, et al., Nos. 19-1865, -1866, -1867, Fed. Cir.).
CHICAGO — A federal judge in Illinois on March 10 partly agreed with two infringement defendants, granting judgment on the pleadings that various claims of a medical device patent are invalid and not infringed (Baxter International U.S. v. CareFusion Corporation et al., No. 15-9986, N.D. Ill., 2020 U.S. Dist. LEXIS 40997).
ALEXANDRIA, Va. — In a March 10 patent owner response, United Services Automobile Association (USAA) tells the Patent Trial and Appeal Board that it not only invented an auto-capture mobile check deposit system, it “actually brought the feature to market,” representing a “palpable” improvement over USAA’s own prior system that relied on manual-capture of a check to be deposited (Wells Fargo Bank N.A. v. United Services Automobile Association, No. IPR2019-01082, PTAB).