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Mealey's Patents

  • October 17, 2019

    Patent Petitioner To Panel: Claim Construction By Board Was Error

    WASHINGTON, D.C. — In an Oct. 15 appellant brief filed with the Federal Circuit U.S. Court of Appeals, an inter partes review (IPR) petitioner argues that a finding by the Patent Trial and Appeal Board that a valve assembly patent is not anticipated by prior art should be reversed or vacated (Power-Packer North America Inc. v. G.W. Lisk Company Inc., Nos. 2019-1902, -1965, Fed. Cir.).

  • October 17, 2019

    Apple Seeks Rehearing Of Decision Denying Inter Partes Review

    ALEXANDRIA, Va. — A September 2019 divided decision by the Patent Trial and Appeal Board that turned away an Apple Inc. petition for inter partes review (IPR) of a patented beacon for transmitting Bluetooth messages should be reheard, the software giant maintains in an Oct. 16 filing with the board (Apple Inc. v. Uniloc 2017 LLC, No. IPR2019-00753, PTAB).

  • October 16, 2019

    Federal Circuit Reverses, Remands Rejected Patent Application

    WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that affirmed an examiner’s rejection of a handheld device patent application was reversed Oct. 16 by the Federal Circuit U.S. Court of Appeals, which found that the board’s holding is “unsupported by substantial evidence” (In re:  Stepen Brian Gates, et al., No. 18-2331, Fed. Cir.).

  • October 16, 2019

    Jury Awards Produce Technology Company $31M In Trade Secret, Patent Dispute

    WILMINGTON, Del. — A federal jury in Delaware on Oct. 11 found defendants in a trade secret misappropriation and patent infringement lawsuit liable for trade secret misappropriation and patent infringement and awarded a company that specializes in development of technology for the preservation of fruits and vegetables more than $31 million in damages (AgroFresh Inc. v. Essentiv LLC, et al., No. 16-0662, D. Del.).

  • October 16, 2019

    Toyota, Honda Defend Patent Board Cancellation Of Cooling Patent Claims

    WASHINGTON, D.C. — Two automakers told the Federal Circuit U.S. Court of Appeals on Oct. 15 that the Patent Trial and Appeal Board correctly concluded that a patented method of cooling an electromagnetic device would have been obvious to a person of skill in the art (Intellectual Ventures II LLC v. Aisin Seiki Company Ltd., et al., Nos. 19-1800, -1801, Fed. Cir.).

  • October 16, 2019

    Owner Of Ballot Marking Patent Defends Invention Before Board

    ALEXANDRIA, Va. — In an Oct. 15 patent owner response, a voting machine equipment manufacturer told the Patent Trial and Appeal Board that it should reject an inter partes review (IPR) petitioner’s assertion that a patented ballot marking device (BMD) is obvious (Smartmatic USA Corporation v. Election Systems & Software LLC, No. IPR2019-00531, PTAB).

  • October 16, 2019

    Federal Circuit Vacates Patent Board’s Obviousness Holding

    WASHINGTON, D.C. — A combination of prior art references relied upon by the Patent Trial and Appeal Board does not present substantial evidence of obviousness, the Federal Circuit U.S. Court of Appeals ruled Oct. 15 (Knauf Insulation Inc. v. Rockwool International A/S, Nos. 2018-1810, 2018-1811, 2018-1891, Fed. Cir., 2019 U.S. App. LEXIS 30634).

  • October 10, 2019

    Petition To Board: Ear Molding Patent Is Invalid As Obvious

    ALEXANDRIA, Va. — In an Oct. 9 petition for inter partes review (IPR), a medical device maker told the Patent Trial and Appeal Board that it should cancel five claims of a patented splint for correcting ear deformations (TalexMedical LLC v. Becon Medical Ltd., No. IPR2020-00030, PTAB).

  • October 10, 2019

    Federal Circuit Upholds Claim Preclusion Ruling In Patent Dispute

    WASHINGTON, D.C. — A federal judge in Texas did not err in denying an inventor’s motion to transfer his patent infringement case against Huawei Technologies Co. Ltd. to California or in deeming the dispute precluded in view of a previously filed lawsuit, a per curiam panel of the Federal Circuit U.S. Court of Appeals ruled Oct. 9 (Xiaohua Huang v. Huawei Technologies Co. Ltd., No. 19-1726, Fed. Cir., 2019 U.S. App. LEXIS 30232).

  • October 09, 2019

    Pfizer Seeks Dismissal Of Claims In Trade Secret Dispute With Merck

    PHILADELPHIA — A federal judge in Pennsylvania should deny pharmaceutical company Pfizer Inc.’s motion to dismiss a trade secret misappropriation lawsuit filed against it and one of its employees because each of Pfizer’s arguments in support of its motion is meritless, Merck Sharp & Dohme Corp. argues in an Oct. 7 opposition brief filed in Pennsylvania federal court (Merck Sharp & Dohme Corp. v. Pfizer Inc., et al., No. 19-2011, E.D. Pa.).

  • October 09, 2019

    Tortious Interference Counterclaim In Patent Suit Tossed In Maryland

    BALTIMORE — Allegations by a defendant that a plaintiff committed tortious interference with prospective advantage when it filed a patent infringement complaint in April 2019 were rejected Oct. 8 by a federal judge in Maryland (Leading Technology Composites v. MV2 LLC, No. 19-1256, D. Md., 2019 U.S. Dist. LEXIS 174829).

  • October 09, 2019

    Board Sides With Apple, Deems Authentication Patent Obvious

    ALEXANDRIA, Va. — In an Oct. 8 final written decision, the Patent Trial and Appeal Board agreed with inter partes review (IPR) petitioner Apple Inc. that a patent directed to authenticating the identity of multiple users would have been obvious to a person of skill in the art (POSITA) (Apple Inc. v. Universal Secure Registry LLC, No. IPR2018-00809, PTAB).

  • October 09, 2019

    On Remand From Federal Circuit, Samsung Defends Prior Art

    ALEXANDRIA, Va. — In an Oct. 7 brief filed with the Patent Trial and Appeal Board, Samsung Electronics Co. argues that “in light of the . . . guidance” provided in a July 019 decision by the Federal Circuit U.S. Court of Appeals, a draft included in a listserv qualifies as a printed publication and is thus relevant prior art (Samsung Electronics Co. v. Infobridge PTE Ltd., Nos. IPR2017-00099, IPR2017-00100, PTAB).

  • October 07, 2019

    Patent Office To High Court:  ‘All Expenses’ Phrase Is Unambiguous

    WASHINGTON, D.C. — Deputy Solicitor General Malcolm L. Stewart on Oct. 7 argued that the U.S. Supreme Court should reverse a June 2018 en banc Federal Circuit U.S. Court of Appeals holding that the U.S. Patent and Trademark Office (PTO) cannot recoup attorney fees incurred in connection with its defense of an action under Section 145 of the Patent Act (Laura Peter v. NantKwest Inc., No. 18-801, U.S. Sup.).

  • October 07, 2019

    New York Federal Judge Agrees: Bankcard Transfer Patent Is Ineligible

    NEW YORK — An infringement action involving a method of transferring money through a bankcard was dismissed Oct. 2 by a New York federal judge, who found that the claimed technology covers patent-ineligible subject matter (Western Express Bancshares LLC v. Green Dot Corporation, No. 19-4465, S.D. N.Y., 2019 U.S. Dist. LEXIS 171412).

  • October 07, 2019

    Certiorari Denied In Dispute Over Patent Fraud Jurisdiction

    WASHINGTON, D.C. — In its Oct. 7 order list, the U.S. Supreme Court declined to take on a dispute that poses the question of which court of appeals is tasked with deciding antitrust cases involving allegations of improper enforcement of a fraudulently obtained patent (Xitronix Corp. v. KLA-Tencor Corp., No. 18-1170, U.S. Sup.).

  • October 07, 2019

    Federal Circuit Upholds Patent Board In Win For ZTE, Apple, Others

    WASHINGTON, D.C. — In a case in which the federal government intervened to defend the constitutionality of the inter partes review (IPR) procedure, the Federal Circuit U.S. Court of Appeals on Oct. 4 endorsed a finding by the Patent Trial and Appeal Board that a data transmission patent is unpatentable as obvious (Evolved Wireless Inc. v. ZTE USA Inc., et al., Nos. 18-2008, 18-2009, 18-2010, 18-2011, Fed. Cir.).

  • October 07, 2019

    Panel Reverses Patent Board Obviousness Ruling In Tarceva Case

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Oct. 4 disagreed with a determination by the Patent Trial and Appeal Board that a person of ordinary skill in the art would have enjoyed a reasonable expectation of success in treating non-small cell lung cancer (NSCLC) with erlotinib (OSI Pharmaceuticals LLC v. Apotex Inc., et al., No. 18-1925, Fed. Cir., 2019 U.S. App. LEXIS 29851).

  • October 04, 2019

    Eli Lilly Asks High Court To Hear Functional Claims Dispute With ‘Patent Troll’

    WASHINGTON, D.C. — In an Oct. 2 reply brief supporting its petition for certiorari, Eli Lilly and Co. asks the U.S. Supreme Court to consider a ruling by the Federal Circuit U.S. Court of Appeals, which it says has continued a trend that rewards nonpracticing entities for obtaining patents with functional claims that should be deemed invalid per provisions of the Patent Act and high court precedent (Eli Lilly and Co. v. Erfindergemeinschaft UroPep GbR, No. 18-1515, U.S. Sup.).

  • October 03, 2019

    Challenge To Solar Tracking Patent Rejected By Board

    ALEXANDRIA, Va. — A wind-resistant solar tracking system was confirmed as patentable on Oct. 2 by the Patent Trial and Appeal Board, which rejected an inter partes review petitioner’s assertion that the invention would have been obvious (ArcelorMittal v. Array Technologies Inc., No. IPR2018-00801, PTAB).