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Mealey's Patents

  • April 19, 2019

    Patent Owner Asks Board To Vacate Cancellation Of Claims

    ALEXANDRIA, Va. — A recent final written decision by the Patent Trial and Appeal Board that a prior art reference anticipates five patent claims should be vacated, and the claims should instead be confirmed as patentable, the patent owner told the board April 17 (Power-Packer North America Inc., d/b/a GITS Manufacturing Co., v. G.W. Lisk Company Inc., No. IPR2017-02034, PTAB).

  • April 18, 2019

    Federal Circuit Upholds Patent Claim Construction, Validity Holdings

    WASHINGTON, D.C. — A divided panel of the Federal Circuit U.S. Court of Appeals on April 17 left intact a Delaware federal judge’s denial of motions for judgment as a matter of law (JMOL) regarding infringement and invalidity of a composite laminate patent (E.I. du Pont de Nemours & Company v. Unifrax LLC, No. 17-2575, Fed. Cir., 2019 U.S. App. LEXIS 11207).

  • April 17, 2019

    Microsoft Seeks To Cancel 15 Claims Of Uniloc Patent

    ALEXANDRIA, Va. — In an April 16 petition for inter partes review (IPR), Microsoft Corp. told the Patent Trial and Appeal Board that a claimed digital media asset identification system and method owned by Uniloc 2017 LLC is unpatentable as obvious (Microsoft Corp. v. Uniloc 2017 LLC, No. IPR2019-00976, PTAB).

  • April 17, 2019

    Patent, Antitrust Trial Between Apple, Qualcomm Ends On 2nd Day With Settlement

    SAN DIEGO — A multibillion dollar dispute in California federal court between Apple Inc. and Qualcomm Inc. over cellular chipset technology ended April 16, the second day of a trial, with a settlement between the parties, according to a docket minute entry (In re:  Qualcomm Litigation, No. 3:17-cv-00108, S.D. Calif.).

  • April 16, 2019

    Defendants Win Dismissal Of Breach Claims Stemming From Inter Partes Review

    TRENTON, N.J. — Allegations that two banks breached their agreements to settle patent infringement claims by causing a third party to challenge the patent in an inter partes review (IPR) proceeding were dismissed April 15 by a New Jersey federal judge (Verify Smart Corp. v. Askeladden LLC, et al., No. 17-4248, D. N.J., 2019 U.S. Dist. LEXIS 64070).

  • April 15, 2019

    Federal Circuit: Patent Board Erred In Diligence Analysis

    WASHINGTON, D.C. — In an April 11 decision, the Federal Circuit U.S. Court of Appeals reversed findings by the U.S. Patent and Trademark Office (PTO)’s Patent Trial and Appeal Board (PTAB) that a patent owner had not established that an inventor acted diligently to reduce his invention to practice (ATI Technologies ULC v. Andrei Iancu, Nos. 2016-2222, -2406, -2608, Fed. Cir., 2019 U.S. App. LEXIS 10704).

  • April 15, 2019

    Cert Denied In Tribe’s Failed Bid To Use Sovereign Immunity For Patent Reviews

    WASHINGTON, D.C. — Indian tribes will not be able to use their tribal sovereign immunity to prevent patents from facing inter partes review (IPR) before the U.S. Patent Trial and Appeal Board (PTAB) after the U.S. Supreme Court on April 15 declined to review the issue (Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals Inc., et al., No. 18-899, U.S. Sup.).

  • April 12, 2019

    ‘SqueezeFrac’ Product Targeted In New Texas Federal Patent Case

    HOUSTON — A provider of oil and gas services on April 2 accuses a competitor of patent infringement in a new complaint filed in the U.S. District Court for the Eastern District of Texas (Schlumberger Technology Corporation v. EnerPol LLC, No. 19-1196, E.D. Texas).

  • April 12, 2019

    In Reply, Apple Defends Allegations Of Patent Obviousness, Anticipation

    ALEXANDRIA, Va. — Claim constructions recently proposed by a patent owner are “improperly narrow” and “contravene the broadest reasonable interpretation” (BRI) standard, Apple Inc. asserts in an April 9 reply brief filed with the Patent Trial and Appeal Board (Apple Inc. v. Universal Secure Registry LLC, No. IPR2018-00813, PTAB).

  • April 11, 2019

    Patent Owner Tells Panel Board Cannot Cancel Indefinite Claims

    WASHINGTON, D.C. — In an April 8 cross-appellant brief, a patent owner asserts that the Patent Trial and Appeal Board lacks the statutory authority to declare patent claims indefinite in an inter partes review (IPR) (Samsung Electronics America Inc. v. Prisua Engineering Corp., Nos. 19-1169, -1260, Fed. Cir.).

  • April 11, 2019

    Petitioner Tells Board Storage Device Patent Is Obvious

    ALEXANDRIA, Va. — In an April 9 petition for inter partes review (IPR), Micron Technology Inc. maintains that the Patent Trial and Appeal Board should cancel 14 claims of a patented storage device with partitions on grounds of obviousness (Micron Technology Inc. v. SecureWave Storage Solutions Inc., No. IPR2019-00932, PTAB).

  • April 9, 2019

    Patent Owner Responds To Obviousness Allegations By Google

    ALEXANDRIA, Va. — Contrary to a recent petition for inter partes review (IPR) by Google LLC, a patented method of providing ad hoc and password-protected digital and voice networks would not have been obvious to a person of skill in the art (POSITA), the patent owner responded April 4 before the Patent Trial and Appeal Board (Google LLC v. AGIS Software Development LLC, No. IPR2018-01080, PTAB).

  • April 9, 2019

    Appellee Urges Federal Circuit To Affirm Patentability Findings

    WASHINGTON, D.C. — In a March 25 appellee brief, Realtime Data LLC maintains that the Patent Trial and Appeal Board correctly rejected assertions by several inter partes review (IPR) petitioners that various claims of two data compression patents are obvious (Veritas Technology LLC, et al. v. Realtime Data LLC, Nos. 2018-1366, -2323, Fed. Cir.).

  • April 8, 2019

    California Federal Judge: Uniloc Patent Is Ineligible Under Section 101

    SAN FRANCISCO — In an April 6 holding, a California federal judge agreed with infringement defendants LG Electronics USA Inc., LG Electronics Inc. and LG Electronics MobileComm USA Inc. (LG, collectively) that an underlying patent directed to Bluetooth technology fails to recite patent-eligible subject matter (Uniloc USA Inc., et al. v. LG Electronics USA Inc., et al., No. 18-6738, N.D. Calif., 2019 U.S. Dist. LEXIS 59353).

  • April 8, 2019

    Telematics Company Wins New Trial On Indirect Patent Infringement

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals on April 8 awarded a defendant a new trial on the questions of indirect patent infringement, damages, willfulness, enhanced damages for willfulness and a patent owner’s entitlement to attorney fees (Omega Patents LLC v. CalAmp Corp., No. 18-1309, Fed. Cir.).

  • April 8, 2019

    Motorola Seeks Joinder With Samsung Petition For Inter Partes Review

    ALEXANDRIA, Va. — Citing the “intentionally identical” nature of its April 4 petition for inter partes review (IPR) with that of Samsung Electronics Co. Ltd., Motorola Mobility LLC also on April 4 requested joinder “to ensure that the instituted trial is completed” if Samsung settles with a patent owner (PO) (Motorola Mobility LLC v. Immersion Corporation, No. IPR2019-00921, PTAB).

  • April 5, 2019

    Emissions-Reducing Catalyst Patents Affirmed As Obvious By Panel

    WASHINGTON, D.C. — In a per curiam judgment issued pursuant to Rule 36 of the Federal Circuit Rules, Fed. Cir. R. 36, the Federal Circuit U.S. Court of Appeals on April 5 upheld cancellation by the Patent Trial and Appeal Board of various claims of two patents directed to diesel engine emissions-reducing automotive catalysts (BASF Corp. v. Johnson Matthey Inc., Nos. 2018-1908, -1911, Fed. Cir.).

  • April 5, 2019

    Facebook Petitions Board For Review Of Message Preview Patent

    ALEXANDRIA, Va. — In an April 4 petition for inter partes review before the Patent Trial and Appeal Board, a Blackberry Ltd. patent covering an interface feature that indicates the receipt of a new message is accused of obviousness (Facebook Inc. v. Blackberry Ltd., No. IPR2019-00925, PTAB).

  • April 4, 2019

    ‘Rainbow Loom’ Patent Case Debated Before Federal Circuit Panel

    WASHINGTON, D.C. — A patent dispute over two competing looms for making bracelets and other linked articles was argued April 2 before the Federal Circuit U.S. Court of Appeals (Choon’s Design LLC v. IdeaVillage Products Corp., No. 18-1934, Fed. Cir.).

  • April 2, 2019

    Patented Pain Management Drug Not Invalid, Federal Circuit Affirms

    WASHINGTON, D.C. — A New Jersey federal judge did not err in confirming that two patents directed to the treatment of polyneuropathic pain are valid but not infringed by the label of two proposed generic drugs, the Federal Circuit U.S. Court of Appeals ruled March 28 (Grünenthal GmbH, et al. v. Alkem Laboratories Limited, et al., Nos. 2017-1153, -2048, -2049, -2050, Fed. Cir., 2019 U.S. App. LEXIS 9187).