Mealey's Patents
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May 13, 2021
Roku Defends Verdict In Patent Appeal Before Federal Circuit
WASHINGTON, D.C. — A federal jury empaneled in Texas correctly declared Roku Inc. a noninfringer of a patent directed to streaming media content, the digital media player manufacturer tells the Federal Circuit U.S. Court of Appeals in a May 5 brief.
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May 13, 2021
Appellee: Patentee Takes Inconsistent Positions On Appeal To Federal Circuit
WASHINGTON, D.C. — In arguing in a March appellant brief that the preambles of three claims of a wireless network patent are limiting, a patent owner stakes out an opposite position to the one it advanced before the International Trade Commission (ITC), a patent challenger asserts in a May 3 appellee brief filed with the Federal Circuit U.S. Court of Appeals.
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May 12, 2021
Panel: Request For New Trial In Patent Row Properly Denied
WASHINGTON, D.C. — A federal judge in Delaware did not abuse his discretion in denying a patent owner’s request for a new trial on grounds that an attorney for an infringement defendant improperly referenced the potential application of its accused products in fighting the COVID-19 pandemic, the Federal Circuit U.S. Court of Appeals ruled May 11.
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May 12, 2021
Patentee Defends Board’s Rejection Of Adobe’s Obviousness Claims
WASHINGTON, D.C. — In an April 14 appellee brief, the owner of two patents directed to color imaging and printing says the Patent Trial and Appeal Board (PTAB) did not abuse its discretion in declaring various challenged claims nonobvious.
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May 11, 2021
Microsoft Takes Aim At Virtual Machine Migration Method In New Petition
ALEXANDRIA, Va. — A patented method of migrating virtual machines and securing them at a hypervisor layer does not represent an improvement over conventional methods, Microsoft Corp. maintains in a May 7 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board.
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May 11, 2021
Federal Circuit Affirms: Video Gaming Patent Recites Abstract Idea
WASHINGTON, D.C. — In a May 10 holding, the Federal Circuit U.S. Court of Appeals found no error in a determination by the Patent Trial and Appeal Board that 20 challenged claims of a patent directed to video game technology cover ineligible subject matter.
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May 11, 2021
Google Petitions For Post-Grant Review Of Info Sharing Patent
ALEXANDRIA, Va. — Google LLC on May 10 petitioned the Patent Trial and Appeal Board for post-grant review (PGR) of a patent directed to “networking” and “sharing of information” for detecting an idle transmission control protocol (TCP) connection.
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May 11, 2021
Patent Owner Responds To Mercedes’ Petition For Inter Partes Review
ALEXANDRIA, Va. — In a May 10 filing with the Patent Trial and Appeal Board, the owner of a patented “strengthening member” for a road vehicle that supports a vehicle and windshield without obstructing a driver’s vision defended the technology as nonobvious.
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May 10, 2021
Fees, Sanctions Correctly Denied In Patent Row, Federal Circuit Affirms
WASHINGTON, D.C. — A defendant who prevailed on allegations of patent infringement was nonetheless properly denied an award of attorney fees and sanctions, the Federal Circuit U.S. Court of Appeals ruled May 10.
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May 10, 2021
Trade Secret Claims Over Unpublished Patent Application Tossed By Panel
WASHINGTON, D.C. — In a longstanding dispute over hair treatment products, the Federal Circuit U.S. Court of Appeals on May 6 ordered a new trial on patent infringement and damages and reversed a denial of judgment as a matter of law (JMOL) that L'Oréal USA Inc. misappropriated trade secrets.
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May 06, 2021
Injunction In Patent Row Properly Set Aside, Federal Circuit Rules
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals ruled May 5 that a federal judge in California did not abuse his discretion in setting aside an injunction after being presented with evidence that a patent owner “misrepresented his knowledge of highly material prior art” in a patent infringement case.
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May 06, 2021
Lenovo Petitions Board For Review Of Computer Patent
ALEXANDRIA, Va. — A patented computer that permits a user to transition from a laptop mode to easel and frame mode contains features that were “well-known” before a claimed priority date of April 2008, Lenovo United States Inc. asserts in a May 4 petition for inter partes review (IPR).
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May 06, 2021
Biden Administration Will Waive Protection For COVID-19 Vax Patents
WASHINGTON, D.C. — In a statement issued May 5, U.S. Trade Representative Katherine Tai announced that President Joseph R. Biden’s administration will work with the World Trade Organization (WTO) to waive patent protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-19 vaccines “in service of ending” the pandemic.
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May 05, 2021
In Memory Chip Patent Row, Federal Circuit Upholds Patent Board
WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that declared two patent claims anticipated and two others not anticipated was affirmed May 4 by the Federal Circuit U.S. Court of Appeals.
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May 04, 2021
Patent Claim Tossed, But Copyright, Trademark Claims Survive In New York
BROOKLYN, N.Y. — The owners of two businesses associated with the “Mighty Bliss” massage device won dismissal of direct patent infringement allegations on April 29, but in the same ruling, a New York federal judge found that a related claim that the duo violated copyrights and trademarks will proceed.
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May 03, 2021
High Court Calls For Government Views In Patent Eligibility Row
WASHINGTON, D.C. — In its May 3 orders list, the U.S. Supreme Court invited the U.S. solicitor general to weigh in on a dispute over whether a judge or jury should decide patent eligibility under Section 101 of the Patent Act, 35 U.S.C. § 101.
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May 03, 2021
In Summary Disposition, Federal Circuit Upholds Noninfringement Stipulation
WASHINGTON, D.C. — A per curiam panel of the Federal Circuit U.S. Court of Appeals on April 30 left intact a stipulation of noninfringement entered into by a patent owner and Apple Inc. in a dispute over an improved method for connecting a computer with peripheral equipment.
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April 29, 2021
For A 2nd Time, Patent Dispute Lands At Federal Circuit
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 7 stayed briefing in a patent dispute and directed the U.S. Patent and Trademark Office to weigh in on a constitutional challenge leveled by a patent owner in a recent appellant brief.
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April 29, 2021
In Dispute With Apple, Patent Owner Urges Panel To Reject Appeal
WASHINGTON, D.C. — In a brief filed with the Federal Circuit U.S. Court of Appeals on April 12, an appellee defended findings by the Patent Trial and Appeal Board that its patented activation button is nonobvious.
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April 29, 2021
Citing Own Error, New York Federal Judge Orders New Patent Validity Trial
BROOKLYN, N.Y. — A federal judge in New York on April 27 said he erred in deciding a motion for summary judgment regarding secondary indicia of nonobviousness and that the error compels a new trial to decide the validity of a patented ground-fault circuit interrupter (GCFI).