Mealey's Patents
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October 12, 2023
In Iron-On Transfer Sheet Patent Case, Panel Summarily Affirms
WASHINGTON, D.C. — The Patent Trial and Appeal Board’s construction of various disputed claim terms in three patents directed to iron-on transfer sheets — and their related finding of patent anticipation — will stand, the Federal Circuit U.S. Court of Appeals ruled Oct. 11.
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October 11, 2023
Patent Owner Seeks Rehearing, Says Review Wrongly Instituted
ALEXANDRIA, Va. — The Patent Trial and Appeal Board’s recent decision to institute inter partes review of authentication technology should be revisited, the patent owner asserts in an Oct. 10 filing, because the petition by Microsoft Corp. and another entity failed to construe a “critical” limitation.
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October 10, 2023
Bid For Guidance On Patent Prosecution Laches Rejected By High Court
WASHINGTON, D.C. — In its Oct. 10 order list, the U.S. Supreme Court declined an invitation to weigh in on the doctrine of prosecution laches, a defense to allegations of infringement that becomes available when a patentee unduly delayed prosecuting its patent, resulting in prejudice to the public or an infringer.
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October 10, 2023
Panel Upholds Dismissal Of Antitrust, Patent Claims By Pro Se Plaintiff
WASHINGTON, D.C. — A federal judge in California did not err in dismissing allegations that Qualcomm Inc. violated antitrust law by tying an infringing central processing unit (CPU) to wireless modems, the Federal Circuit U.S. Court of Appeals said Oct. 10.
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October 06, 2023
Appellant: Patent Board ‘Misunderstood’ Meaning Of ‘Angioplasty’
WASHINGTON, D.C. — The owner of purportedly “groundbreaking” technology related to the treatment of cardiovascular disease maintains on appeal to the Federal Circuit U.S. Court of Appeals that its patent was wrongly declared obvious by the Patent Trial and Appeal Board.
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October 06, 2023
New Defendants Added To Texas Patent Litigation 6 Months After Deadline
HOUSTON — A federal magistrate judge in Texas granted a patent owner leave to amend its complaint to add three foreign defendants six months after the deadline for amended pleadings.
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October 05, 2023
Patent Owner Tells PTO Director Board Violated Administrative Procedure Act
ALEXANDRIA, Va. — In a request for review by the director of the U.S. Patent and Trademark Office, a patent owner on Oct. 4 asserted that a final written decision (FWD) by the Patent Trial and Appeal Board endorsed a construction of the disputed claim term “accessibility attribute,” which differs “materially” from that advanced in an Apple Inc. petition for inter partes review (IPR) as well as the board itself when instituting IPR.
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October 05, 2023
Appellant: ‘Silence’ Of Prior Art Does Not Provide Motivation To Combine
WASHINGTON, D.C. — In an Oct. 4 reply brief filed with the Federal Circuit U.S. Court of Appeals, a patent owner says the Patent Trial and Appeal Board got it wrong when siding with Apple Inc. in a twice-remanded inter partes review of its noise cancellation technology.
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October 04, 2023
Ohio Case Won’t Be Stayed For Review Of Bird Feeder Patents
CLEVELAND — A plaintiff’s bid to stay its allegations of patent infringement leveled in connection with the manufacture and sale of nine hummingbird feeders failed Oct. 3 when a federal judge in Ohio ruled that the litigation will proceed despite a potential ex parte reexamination by the U.S. Patent and Trademark Office (USPTO).
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October 04, 2023
Presuit Induced, Willful Infringement Claims Tossed In Patent Row
WILMINGTON, Del. — A federal judge in Delaware said allegations of direct infringement of myriad patents directed to sleep disorder testing and therapy are sufficient to withstand a motion to dismiss but agreed with a defendant that a patent owner’s assertion of induced and willful patent infringement fails.
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October 03, 2023
Board: Mylan Failed To Prove Novo Nordisk Patents Are Obvious
ALEXANDRIA, Va. — The Patent Trial and Appeal Board denied institution of inter partes review (IPR) of several claims in two challenged Novo Nordisk A/S patents directed to a modified peptide hormone on Oct. 2.
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October 02, 2023
High Court Turns Away Request For Review Of Patent Eligibility Standard
WASHINGTON, D.C. — The U.S. Supreme Court in an Oct. 2 order list denied a petition for a writ of certiorari that posed the question of “whether a new and useful method for measuring a natural phenomenon, that improves upon prior methods for measuring that very same phenomenon, is eligible for patent protection.”
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October 02, 2023
Federal Circuit’s Inter Partes Review Estoppel Holding Will Stand
WASHINGTON, D.C. — The U.S. Supreme Court announced Oct. 2 that it will not review an August 2022 ruling by the Federal Circuit U.S. Court of Appeals that inter partes review (IPR) estoppel bars a patent infringement defendant from asserting invalidity in Texas federal litigation.
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October 02, 2023
Panel: Patent Infringement Defendant Can Challenge Venue After Final Judgment
WASHINGTON, D.C. — A determination by a federal judge in Texas that a defendant’s lease of office space after it was accused of patent infringement constitutes a “regular and established place of business” will not be disturbed, for now, the Federal Circuit U.S. Court of Appeals ruled Sept. 29.
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October 02, 2023
Massachusetts Federal Judge Undoes $176.5M Jury Award In Patent Row
BOSTON — A motion for judgment as a matter of law (JMOL) by an infringement defendant has been partially granted by a federal judge in Massachusetts, who declared the drug patents at issue invalid for having inadequate written description support and as insufficiently enabled.
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October 02, 2023
Parties Agree To Dismiss Appeal In Dispute Over Cashless Gaming Patents
WASHINGTON, D.C. — Just days before planned Oct. 3 oral arguments, parties embroiled in a dispute over five patents directed to cashless casino gaming technology on Sept. 29 entered a voluntary stipulation to dismiss the case; their request was granted the same day by the Federal Circuit U.S. Court of Appeals.
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September 29, 2023
Certiorari Petition Over Prosecution Laches Goes Unanswered By Apple
WASHINGTON, D.C. — In a long-running patent infringement dispute over digital rights management (DRM) technology, Apple Inc. waived its right to file a response in the U.S. Supreme Court to a patent holder’s petition for certiorari, in which it asks the high court to provide guidance on “the judge-made doctrine of prosecution laches.”
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September 28, 2023
Centripetal Files Brief In Appeal Of Adverse Review Of Threat Detection Patent
WASHINGTON, D.C. — Citing a malfunctioning electronic court filing (ECF) website, Centripetal Networks LLC has asked the Federal Circuit U.S. Court of Appeals to excuse its filing of an appellant brief less than an hour after its deadline to do so in a dispute over a threat detection patent.
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September 26, 2023
Biotech Company Says MRNA Detection Patent Should Be Canceled
ALEXANDRIA, Va. — The maker of the molecular profiling “Visium” system says in a Sept. 25 petition for inter partes review (IPR) that a patent directed to the spatial detection of oligonucleotides, such as mRNAs, in samples of tissue by using spatially barcoded arrays was anticipated by prior art.
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September 26, 2023
Panel Won’t Wade Into Disqualification Row Over Patent Licensing Testimony
WASHINGTON, D.C. — A bid for mandamus was denied Sept. 25 by the Federal Circuit U.S. Court of Appeals, leaving in place a ruling by an administrative law judge (ALJ) for the International Trade Commission (ITC) that bars the testimony of an attorney at an upcoming evidentiary hearing on whether a patent owner can satisfy the domestic industry requirement.
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September 26, 2023
Claim Constructions By Texas Federal Judge Upheld By Federal Circuit
WASHINGTON, D.C. — A stipulation that one patent directed to a mobile communication terminal with an alarm clock and another directed to an autofocus feature in a camera are both invalid will stand, the Federal Circuit U.S. Court of Appeals said Sept. 25.
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September 25, 2023
Panel: Patent Settlement With Microsoft Dooms Later Infringement Claims
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals found Sept. 22 that a provision in a 2017 settlement between a patent owner and Microsoft Corp. reaches an allegedly infringing software program and website.
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September 25, 2023
RELX Defends Patent Ineligibility Holding In Brief To Federal Circuit
WASHINGTON, D.C. — A patent was correctly declared by a federal judge in New York to be directed to the abstract idea of “timekeeping for compensation,” and its implementation on a computer is not enough to transform the idea into a patent eligible application, RELX Inc., doing business as LexisNexis, maintains in an appellee brief filed with the Federal Circuit U.S. Court of Appeals.
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September 21, 2023
Federal Circuit: Clotting Factor Patent Not Sufficiently Enabled
WASHINGTON, D.C. — In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on Sept. 20 affirmed findings by a fellow member of its own court, sitting by designation in a federal court in Delaware, that a patent allegedly infringed by the hemophilia drug Hemlibra is invalid for lack of enablement.
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September 20, 2023
Patent Board: Change In Inventors Has ‘No Impact’ On Final Written Decisions
ALEXANDRIA, Va. — In a Sept. 19 ruling on remand from the Federal Circuit U.S. Court of Appeals, the Patent Trial and Appeal Board said that a correction of inventorship executed while the patent owner appealed two adverse final written decisions (FWDs) has no bearing on the FWDs.