Mealey's Patents

  • December 06, 2023

    Panel Won’t Intervene In Dispute Over Document Request In Patent Case

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals denied a bid for mandamus by a patent owner who was ordered by a federal judge in Massachusetts to produce various documents requested by an infringement defendant leveling counterclaims of inequitable conduct.

  • December 06, 2023

    Intel Largely Prevails In Patent Appeal; New Damages Trial Ordered

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has ordered a new damages trial for infringement of one patent by Intel Corp. that yielded a $1.5 billion award and vacated findings that Intel infringed another patent that formed the basis of a $675 million award in a longstanding dispute over microprocessor technology.

  • December 04, 2023

    Federal Circuit Grants Stipulated Dismissal In Endoscope Patent Row

    WASHINGTON, D.C. — On the heels of a joint request filed one day earlier, the Federal Circuit U.S. Court of Appeals on Dec. 4 agreed to dismiss with prejudice a patent case that hinged on the “permissible repair” defense.

  • December 04, 2023

    New York Federal Judge Rejects ‘Sweeping Attack’ On Jury’s Patent Verdict

    LONG ISLAND, N.Y. — A federal judge in New York on Dec. 1 denied a bid to enhance a September $1.85 million jury award in a dispute over the validity, inventorship and infringement of a design patent associated with the “Wallet Ninja” but in the same ruling awarded the patent owner $1,536,644 in attorney fees and costs.

  • December 04, 2023

    Apple Request For Fees As Sanction In Patent Case Denied In California

    WASHINGTON, D.C. — Two months after a patent owner voluntarily dismissed allegations of patent infringement against Apple Inc. in connection with a feature that alerts Apple users to potential COVID-19 exposure, a federal judge in California on Dec. 1 denied the tech titan’s request for attorney fees.

  • December 01, 2023

    In California Patent Row, Defendant Can Amend Invalidity Contentions  

    SAN JOSE, Calif. — An infringement dispute over a patented telepole will include an allegation of obviousness-type double patenting (ODP) in view of a recent change in the law, a federal magistrate judge in California has ruled.

  • November 29, 2023

    Cross-Appellant: Dispute Centers On Contract, Not Patent Misuse

    WASHINGTON, D.C. — A cross-appellant urges the Federal Circuit U.S. Court of Appeals to transfer a contractual dispute involving Honeywell International Inc. and others to the Fourth Circuit U.S. Court of Appeals, asserting that an allegation of patent misuse before a district court is not enough to vest the Federal Circuit with exclusive jurisdiction over the appeal.

  • November 29, 2023

    California Federal Judge: Signal Decoding Tech Ineligible For Patenting

    SAN FRANCISCO — A challenge by a developer of gaming peripherals to the eligibility of a patent it is accused of infringing was persuasive to a federal judge in California, who dismissed the case.

  • November 27, 2023

    Genomic Sequencing Of Tumor Sample Not Patentable, Petitioner Says

    ALEXANDRIA, Va. — A cancer diagnostics company accused in Colorado federal court of infringing a method of screening for cancer recurrence maintains in a Nov. 22 filing with the Patent Trial and Appeal Board that the patent asserted against it should be canceled as anticipated and obvious.

  • November 22, 2023

    Arthrex Prevails Before Board In Challenge To Surgical Implant Patent

    ALEXANDRIA, Va.— In a final written decision (FWD) issued Nov. 21, the Patent Trial and Appeal Board agreed with Arthrex Inc. that all claims of a patented instrument and method for guiding and positioning surgical implants within the body are anticipated or rendered obvious by prior art.

  • November 22, 2023

    Federal Circuit:  Missed Deadline By Patent Board No Jurisdictional Bar

    WASHINGTON, D.C. — A challenge by a drugmaker to a determination of unpatentability by the Patent Trial and Appeal Board that was issued after the statutory deadline to do so was rejected Nov. 21 by the Federal Circuit U.S. Court of Appeals, in what it deemed a matter of first impression.

  • November 21, 2023

    Panel:  Patented Method For Trapping Wild Pigs Correctly Ruled Obvious

    WASHINGTON, D.C. — The owner of a patented method and apparatus used for the remote capture of wild pigs on Nov. 20 failed to persuade the Federal Circuit U.S. Court of Appeals to overturn a determination by the Patent Trial and Appeal Board that the technology would have been obvious to a person of skill in the art.

  • November 20, 2023

    Citing Appeal Of Patent Board Rulings, California Federal Judge Continues Stay

    SAN FRANCISCO — Efforts by a patent owner to lift a stay of infringement allegations failed when a federal judge in California said that a pending appeal by Apple Inc. of the Patent Trial and Appeal Board’s (PTAB) determination that the technology is patentable weighs in favor of maintaining the status quo.

  • November 20, 2023

    Method Of Making Semiconductor Devices Is Unpatentable, Panel Says

    WASHINGTON, D.C. — In an appeal “principally” of a claim construction by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals said Nov. 17 that all seven challenged claims of a patented method of making semiconductor devices would be obvious to a person of skill in the art.

  • November 20, 2023

    Patent Owner Critiques Intel Theory For Motivation To Combine References

    ALEXANDRIA, Va. — A petition for inter partes review (IPR) by Intel Corp. is “riddled with holes,” a patent owner tells the Patent Trial and Appeal Board in a Nov. 17 preliminary patent owner response (POPR).

  • November 17, 2023

    In Divided Ruling, Federal Circuit Affirms Construction Of ‘Securing Yarns’

    WASHINGTON, D.C. — A stipulation of noninfringement of two patents relating to fabrics used in ballistic applications will stand, a divided Federal Circuit U.S. Court of Appeals ruled Nov. 16, finding no error in a New York federal judge’s claim construction of a disputed term.

  • November 17, 2023

    California Federal Judge: Content Activation Tech Ineligible For Patenting

    WASHINGTON, D.C. — One of three patents at issue in an infringement case was dismissed without prejudice by a federal judge in California who agreed that the technology covers the abstract idea of “delivering and deriving a decryption key from a stream of data.”

  • November 17, 2023

    Guide Extension Catheter Correctly Confirmed As Patentable, Panel Rules

    WASHINGTON, D.C. — The Patent Trial and Appeal Board did not err in rejecting allegations of obviousness and anticipation by Medtronic Inc. in an inter partes review (IPR) of a patented guide extension catheter, the Federal Circuit U.S. Court of Appeals ruled Nov. 16.

  • November 17, 2023

    Tech Firm Asks Supreme Court To Clarify Abstract Idea Patentability Standard

    WASHINGTON, D.C. — A technology company that saw several of its patents invalidated by the Federal Circuit U.S. Court of Appeals as unpatentable abstract ideas filed a petition for certiorari in which it asks the U.S. Supreme Court to reconsider and clarify previous rulings establishing how to determine patent eligibility under Section 101 of the Patent Act.

  • November 16, 2023

    Delaware Jury: Guardant Willfully Infringed Patents With DNA Sequencing Kits

    WILMINGTON, Del. — Jurors empaneled in Delaware federal court delivered a win to the owner and exclusive licensee of two cancer-detection patents, deeming the technology willfully infringed by Guardant Health Inc.

  • November 16, 2023

    Xerox Says Its Appeal Of Patent Cancellation Has ‘Constitutional Implications’

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has granted Facebook Inc. more time to respond to an October appellant brief in which Xerox Corp. maintains that because of “recent changes in the law” and the Patent Trial and Appeal Board’s “rejection of binding authority,” the parties’ patent dispute presents “an issue of first impression with constitutional implications.”

  • November 15, 2023

    Netflix To Federal Circuit: ‘Numerous Bases’ For Affirming Patent Board

    WASHINGTON, D.C. — In a recent appellee brief by Netflix Inc., the streaming service argues that “all” challenges by a patent owner to a finding of obviousness by the Patent Trial and Appeal Board lack merit and should be rejected.

  • November 14, 2023

    Coinbase Says Board Wrongly Denied Institution Of Inter Partes Review

    ALEXANDRIA, Va. — Institution of inter partes review (IPR) of a patented method for completing low- and zero-trust value transfers is warranted, Coinbase Inc. asserts in a Nov. 13 request for rehearing by the director of the U.S. Patent and Trademark Office.

  • November 14, 2023

    High Court Won’t Hear Dispute Over Standard For Reissue Patents

    WASHINGTON, D.C. — A petition for a writ of certiorari that warned of an ever-weakening patent system attributable, in part, to the Federal Circuit U.S. Court of Appeals’ unduly restrictive standard for allowing broadened patent claims during reissue was rejected Nov. 13 by the U.S. Supreme Court.

  • November 08, 2023

    Patent Board: ‘Compelling Merits’ In Netflix Petition Warrant Review

    ALEXANDRIA, Va. — Upon finding that Netflix Inc. demonstrated a reasonable likelihood that at least one challenged claim of a patent directed to rendering content on a wireless device is obvious, the Patent Trial and Appeal Board on Nov. 7 instituted inter partes review (IPR) despite finding that a majority of factors for a discretionary denial are satisfied by the patent owner.