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Mealey's Patents

  • February 15, 2019

    Arizona Federal Judge’s Construction Of Patent Claims Reversed By Panel

    WASHINGTON, D.C. — A stipulated judgment of noninfringement was vacated Feb. 8 by the Federal Circuit U.S. Court of Appeals, which found that the stipulation was based upon an overly limiting claim construction by an Arizona federal judge (Continental Circuits LLC v. Intel Corp., et al., No. 18-1076, Fed. Cir., 2019 U.S. App. LEXIS 3920).

  • February 14, 2019

    On Remand, Palo Alto Networks Again Asserts Finjan Patent Is Obvious

    ALEXANDRIA, Va. — In a Feb. 13 opening brief on remand, an inter partes review (IPR) petitioner tells the Patent Trial and Appeal Board that a prior art reference the board previously failed to address renders claimed Finjan Inc. antivirus technology obvious (Palo Alto Networks Inc. v. Finjan Inc., No. IPR2016-00151, PTAB).

  • February 13, 2019

    Patent Covering Data Integration Singled Out For Inter Partes Review

    ALEXANDRIA, Va. — Various claims of a patented system for integrating “real-time information” into a “virtual thematic environment” should be canceled, a petitioner for inter partes review (IPR) told the Patent Trial and Appeal Board on Feb. 12 (Niantic Inc. v. Barbaro Technologies LLC, No. IPR2019-00669, PTAB).

  • February 13, 2019

    Before Federal Circuit, Appellee Sirius Asserts License To Use Patents

    WASHINGTON, D.C. — In a Jan. 30 appellee brief, Sirius XM (SXM) Radio Inc. tells the Federal Circuit U.S. Court of Appeals that a Delaware federal judge did not err in dismissing patent infringement allegations levied against the subscription radio service (Fraunhofer- Gesellschaft Zur Forderung v. Sirius XM Radio Inc., No. 18-2400, Fed. Cir.).

  • February 13, 2019

    In Dental Implant Dispute, Patent Owner Seeks Vacatur Of Fee Award

    WASHINGTON, D.C. — The owner of a patent relating to a dental implant recently told the Federal Circuit U.S. Court of Appeals that its allegations of infringement are not objectively baseless in response to a California federal judge’s award of more than $500,000 in attorney fees on behalf of a prevailing defendant (Spitz Technologies Corporation v. Nobel Biocare USA LLC, Nos. 2018-2345, -2346, Fed. Cir.).

  • February 13, 2019

    On Appeal, Patent Owner Disputes Board Findings, Claim Construction

    WASHINGTON, D.C. — A determination by the Patent Trial and Appeal Board that a patented controller for gas turbofan engines used in aircraft is obvious should be reversed because the findings are premised on an erroneous construction claim construction, the patent owner maintains in a recent appeal to the Federal Circuit U.S. Court of Appeals (United Technologies Corporation v. General Electric Company, No. 18-2340, Fed. Cir.).

  • February 13, 2019

    Ride-Sharing Patent Is Obvious, Anticipated, Lyft Says In New Petition

    ALEXANDRIA, Va. — Asserting seven separate grounds of unpatentability, Lyft Inc. on Feb. 12 petitioned the Patent Trial and Appeal Board for inter partes review (IPR) of a patented ride-sharing system (Lyft Inc. v. RideApp Inc., No. IPR2019-00671, PTAB).

  • February 12, 2019

    Visa Petition For Inter Partes Review Granted By Patent Board

    ALEXANDRIA, Va. — On Feb. 11, the Patent Trial and Appeal Board announced that it will review a patent that purportedly covers the secure database known as the “Universal Secure Registry” (USR) (Visa Inc. v. Universal Secure Registry LLC, No. IPR2018-01350, PTAB).

  • February 12, 2019

    Patentee To Supreme Court: Government Isn’t A ‘Person,’ Can’t Initiate Review

    WASHINGTON, D.C. — A mailing solutions company embroiled in a patent dispute with the U.S. Postal Service (USPS) filed a merits reply brief with the U.S. Supreme Court Feb. 8, arguing that the ability of a “person” to initiate covered business method (CBM) review of patents under the Leahy Smith America Invents Act (AIA) does not extend to the federal government (Return Mail Inc. v. U.S. Postal Service, et al., No. 17-1594, U.S. Sup.).

  • February 12, 2019

    Board Institutes Review Of Radiopharmaceuticals Infusion Patent

    ALEXANDRIA, Va. — A challenge to a patented system of generating and infusing radiopharmaceuticals was successful on Feb. 8, when the Patent Trial and Appeal Board agreed to institute inter partes review (IPR) (Jubilant DraxImage Inc. v. Bracco Diagnostics Inc., No. IPR2018-01449, PTAB).

  • February 11, 2019

    Issuance Of Contempt Order In Patent, Trade Secrets Dispute Upheld

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Feb. 8 ruled that a federal district court did not err in issuing a contempt order against defendants in a patent infringement and trade secrets misappropriation lawsuit for violating the terms of a stipulated protective order because the defendants failed to use agreed upon language in press releases that were issued after the parties had agreed to settle their claims (Codexis Inc. v. EnzymeWorks Inc., et al., No. 2018-1655, Fed. Cir., 2019 U.S. App. LEXIS 3929).

  • February 8, 2019

    Panel: In Abandoning Product, Appellant Lost Standing In Patent Appeal

    WASHINGTON, D.C. — Momenta Pharmaceuticals Inc. forfeited any legally protected interest in the validity of a Bristol-Myers Squibb Co. (BMS) patent when it abandoned development of a proposed biosimilar drug, the Federal Circuit U.S. Court of Appeals concluded Feb. 7 (Momenta Pharmaceuticals Inc. v. Bristol-Myers Squibb Co., No. 17-1694, Fed. Cir., 2019 U.S. App. LEXIS 3786).

  • February 8, 2019

    Divided Federal Circuit: Antibody Detection Kit Covers Natural Law

    WASHINGTON, D.C. — A Massachusetts federal judge correctly concluded that a patented method of diagnosing certain neurological disorders, including myasthenia gravis (MG), through the detection of muscle-specific tyrosine kinase (MuSK) protein antibodies is directed to a natural law and lacks an inventive concept, a divided Federal Circuit U.S. Court of Appeals ruled Feb. 6 (Athena Diagnostics Inc. v. Mayo Collaborative Services LLC, No. 17-2508, Fed. Cir., 2019 U.S. App. LEXIS 3645).

  • February 7, 2019

    Alleged RICO Violations Inadequately Pleaded, Federal Circuit Affirms

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 28 affirmed a Delaware federal judge’s finding that an inventor’s allegations of racketeering levied in connection with her patents fail as a matter of law (Lakshmi Arunachalam v. International Business Machines Corporation, et al., No. 18-2105, Fed. Cir., 2019 U.S. App. LEXIS 2755).

  • February 6, 2019

    Board Erred In Shifting Burden To Patent Owner, Federal Circuit Rules

    WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board that invalidated various claims of a patented prostate cancer treatment was vacated and remanded Feb. 5 by the Federal Circuit U.S. Court of Appeals (Sanofi Mature IP v. Mylan Laboratories Limited, No. 18-1203, Fed. Cir., 2019 U.S. App. LEXIS 3529).

  • February 5, 2019

    Divided Federal Circuit: No Rehearing Of Google Petition For Mandamus

    WASHINGTON, D.C. — In a Feb. 5 order, the Federal Circuit U.S. Court of Appeals announced that it will not revisit, as a panel or en banc, its October 2018 denial of a petition for mandamus by Google LLC of a finding that the tech giant must face allegations of patent infringement in the Eastern District of Texas (In re: Google LLC, No. 18-152, Fed. Cir.).

  • February 5, 2019

    Noninfringement Finding In Dispute Over Patented Toy Remanded By Panel

    WASHINGTON, D.C. — An Illinois federal judge’s determination that a defendant did not infringe a patent covering a control system for a toy helicopter was reversed by a divided Federal Circuit U.S. Court of Appeals Feb. 4 (Rehco LLC v. Spin Master Ltd., No. 17-2589, Fed. Cir., 2019 U.S. App. LEXIS 3423).

  • February 4, 2019

    Judgment In Patent Case Correctly Set Aside, Federal Circuit Says

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals on Feb. 1 found that a Nebraska federal judge did not abuse his discretion in setting aside a judgment against Sprint Spectrum L.P. based upon a Federal Circuit ruling involving the same patents asserted against T-Mobile USA Inc. (Prism Technologies LLC v. Sprint Spectrum L.P., et al., No. 18-1108, Fed. Cir., 2019 U.S. App. LEXIS 3281).

  • February 4, 2019

    Panel Finds Substantial Evidence Supporting Rejection Of Patent Claims

    WASHINGTON, D.C. — An inventor’s attempt to overturn a decision by the Patent Trial and Appeal Board that rejected two pending patent claims was unsuccessful on Jan. 30, when the Federal Circuit U.S. Court of Appeals instead found substantial evidence supporting the rejection (In re: Karpf, No. 18-2090, Fed. Cir., 2019 U.S. App. LEXIS 3032).

  • February 4, 2019

    Federal Circuit Confirms Patentability Of Epilepsy Treatment

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 1 rejected a challenge to an adverse inter partes review (IPR) by the Patent Trial and Appeal Board, agreeing with the board that claims 1-13 of a reissue patent directed to treating epilepsy are patentable (Mylan Pharmaceuticals Inc., et al. v. Research Corporation Technologies Inc., Nos. 2017-2088, -2089, -2091, Fed. Cir., 2019 U.S. App. LEXIS 3282).