Mealey's Patents
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August 25, 2023
Appellant: Patent Declared Anticipated, Obvious On Manufactured Grounds
WASHINGTON, D.C. — Final written decisions (FWDs) by the Patent Trial and Appeal Board that canceled various claims of two patents are “filled with legal error” and based on theories of anticipation and obviousness “never presented” by a petitioner for inter partes review (IPR), a patent owner tells the Federal Circuit U.S. Court of Appeals.
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August 25, 2023
Volvo Subsidiary Prevails In Appeal Of Adverse Patent Board Review
WASHINGTON, D.C. — The Patent Trial and Appeal Board must revisit its decision that canceled all claims of a patented boat engine as obvious, the Federal Circuit U.S. Court of Appeals said Aug. 24, in a win for a Volvo Group subsidiary that specializes in industrial and marine applications.
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August 23, 2023
Sun Bid For Reversal Of Patent Obviousness Holding Fails On Appeal
WASHINGTON, D.C. — A patented treatment for myelofibrosis with the potential to treat other health conditions, including alopecia areata, was correctly declared obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals said Aug. 22.
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August 22, 2023
Texas Federal Magistrate Judge Denies Samsung Bid To Stay Patent Case
MARSHALL, Texas, — Allegations that Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) infringed four patents relating to forced message alerts over a communication network will proceed despite an ongoing investigation by the International Trade Commission, a federal magistrate judge in Texas ruled Aug. 21.
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August 22, 2023
Patent Owner: BMW Petition For Review ‘Weak On The Merits’
ALEXANDRIA, Va. — A request by BMW of North America LLC for inter partes review (IPR) of a patent directed to an object vector indicator (OVI) should be denied, the patent owner told the Patent Trial and Appeal Board on Aug. 21, both because the petition is unlikely to succeed and because the automaker has already filed suit in Texas federal court seeking a declaration of noninfringement.
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August 21, 2023
Patent Covering Design Data Transfer Is Ineligible, Federal Circuit Affirms
WASHINGTON, D.C. — A federal judge in Delaware correctly declared a patent directed to the automatic transfer of design data in a computer-aided design (CAD) model to a machine that manufactures the object depicted ineligible for patenting, the Federal Circuit U.S. Court of Appeals ruled Aug. 21.
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August 21, 2023
Lawsuit Over PTO Response To FOIA Requests Dismissed In D.C.
WASHINGTON, D.C. — A District of Columbia federal judge has dismissed a patent owner’s challenge to the withholding of records by the U.S. Patent and Trademark Office (PTO) with regard to the Patent Trial and Appeal Board’s practice of using expanded panels during certain board proceedings.
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August 21, 2023
Delaware Federal Judge Rejects Challenge To Validity Of Epilepsy Drug
WILMINGTON, Del — An abbreviated new drug application (ANDA) to manufacture and market a generic version of the anti-seizure medication “Briviact” would infringe a single claim of a patent directed to the drug’s active ingredient, an analogue of the compound levetiracetam, a federal judge in Delaware has concluded after a bench trial.
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August 18, 2023
Mandamus Denied In Dispute Over Patented Fire Alarm Technology
WASHINGTON, D.C. — A decision by a federal judge in Texas denying a motion to transfer patent infringement litigation to the Northern District of Illinois will stand in light of an Aug. 17 denial of mandamus by the Federal Circuit U.S. Court of Appeals.
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August 17, 2023
Medical Firms Urge High Court To Reject Petition Over Section 101 Patentability
WASHINGTON, D.C. — Arguing that the Federal Circuit U.S. Court of Appeals correctly found that three organ rejection detection patents pertain to natural phenomena that are unprotectable under Section 101 of the Patent Act, a DNA testing firm and a drug development solutions company filed briefs opposing a petition for certiorari seeking clarification of the statute’s scope.
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August 17, 2023
Divided Panel Upholds Patent Board In Dispute Over Cancer Treatment
WASHINGTON, D.C. — A majority of the Federal Circuit U.S. Court of Appeals on Aug. 16 confirmed findings by the Patent Trial and Appeal Board that a patented prostate cancer treatment involving the placement of filler between tissue being targeted by radiation therapy and other, nearby tissue was anticipated by prior art.
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August 16, 2023
Apple Correctly Cleared Of Patent Infringement Claims, Federal Circuit Says
WASHINGTON, D.C. — A patent owner’s appeal of a summary judgment in favor of Apple Inc. was unsuccessful when the Federal Circuit U.S. Court of Appeals deemed noninfringing various accused Bluetooth-compliant devices.
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August 16, 2023
ZTE: Patent Board Applied Wrong Standard For Anticipation
WASHINGTON, D.C. — A new appeal to the Federal Circuit U.S. Court of Appeals accuses the Patent Trial and Appeal Board of dividing the “single, unitary anticipation standard into two standards applicable to different anticipation theories” in upholding as patentable various claims of a data synchronization method.
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August 15, 2023
In Mudflap Patent Row, Panel Affirms Michigan Federal Judge In Full
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals said Aug. 15 that a federal judge in Michigan did not abuse his discretion in denying a patent owner’s request for injunctive relief, ruling that although the appellant suffered an injury from the sale of an infringing product, “that injury was not one of irreparable harm.”
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August 15, 2023
DISH Network Fails To Persuade Patent Board To Institute Review
ALEXANDRIA, Va. — A petition for inter partes review (IPR) of a satellite patent is unlikely to prevail with regard to at least one challenged claim, the Patent Trial and Appeal Board ruled.
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August 11, 2023
Owner Of HVAC Control Patent Defends Technology In Brief To Federal Circuit
WASHINGTON, D.C. — A patent owner has urged the Federal Circuit to uphold findings by the Patent Trial and Appeal Board that 11 claims of a thermostatic HVAC control system patent are nonobvious, while also asserting that 17 other patent claims were wrongly canceled.
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August 11, 2023
Patent Board Must Revisit Rejected Application, Federal Circuit Says
WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that upheld an examiner’s rejection of an application to patent a way of improving cholesterol efflux activity was vacated Aug. 10 by the Federal Circuit U.S. Court of Appeals.
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August 10, 2023
Apple, Samsung Bid To To Stay Texas Federal Patent Litigation Fails
WACO, Texas — A dispute over the alleged infringement of wireless network switching patents will proceed in Texas, a federal judge has ruled, despite institution by the Patent Trial and Appeal Board (PTAB) of inter partes review (IPR) of 12 of the 13 patents at issue.
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August 09, 2023
Federal Circuit: Patent Board Wrongly Refused New Arguments, Evidence
WASHINGTON, D.C. — A petitioner for inter partes review (IPR) should have been permitted to present new arguments and evidence to rebut a claim construction first proposed in a patent owner response, the Federal Circuit U.S. Court of Appeals concluded Aug. 7.
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August 09, 2023
Panel Rejects Inventor’s Claim That Cancellation Of Patents Is A ‘Taking’
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Aug. 8 affirmed a final written decision (FWD) by the Patent Trial and Appeal Board that a patent intended for use in a home automation system would have been obvious to a person of skill in the art.
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August 07, 2023
Intervenor Hopeful Challenges AI Bus Software Company’s ‘Recklessly’ Filed Suit
NEW YORK — A company hoping to intervene in a business and patent dispute involving one of its subsidiaries over the ownership of an artificial intelligence bus driving system on Aug. 4 replied to an unopposed motion to intervene, raising issues regarding the plaintiff’s motion for a preliminary injunction and the choice of venue.
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August 07, 2023
GoPro Dodges New Trial, But Denied Fee Award By Delaware Federal Judge
WILMINGTON, Del. — A jury verdict that the GoPro “Omni” product does not infringe a camera rig patent will stand, but the action camera maker will not be awarded attorney fees it incurred in defending the allegations, a federal judge in Delaware has ruled.
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August 07, 2023
In Blow To Realtime, Panel Says Eligibility Analysis On Remand Was Proper
WASHINGTON, D.C. — Nearly three years after directing a federal judge in Delaware to revisit his finding of ineligibility with regard to five Realtime Data LLC patents, a divided Federal Circuit U.S. Court of Appeals has declared the same five patents — plus two new patents —ineligible after all.
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August 07, 2023
Petitioner Says Patent Board Fintiv Analysis Was Flawed, Seeks Rehearing
ALEXANDRIA, Va. — A recent petition for inter partes review (IPR) was wrongly denied institution by the Patent Trial and Appeal Board, the petitioner maintains in an Aug. 4 request for rehearing by the U.S. Patent and Trademark Office director pursuant to the office’s recently adopted Revised Interim Director Review Process.
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August 07, 2023
Data Processing Patent Deemed Indefinite By North Carolina Federal Judge
GREENSBORO, N.C. — A patent owner who demanded that the owner of an e-commerce website pay a $65,000 licensing fee saw its technology declared unpatentable as indefinite on Aug. 4 by a federal judge in North Carolina.