Mealey's Patents
-
June 22, 2023
Patentee Disclosed Colitis Treatment In Clinical Trial Data, Petitioner Alleges
ALEXANDRIA, Va. — Samsung Bioepis Co. Ltd. tells the Patent Trial and Appeal Board in a June 21 petition for inter partes review (IPR) that various claims of a patented method for treating ulcerative colitis (UC) with ustekinumab “should never have issued.”
-
June 22, 2023
Intel Tells Federal Circuit VLSI Power Down Patent Correctly Declared Obvious
WASHINGTON, D.C. — In a June 21 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Intel Corp. defends a final written decision by the Patent Trial and Appeal Board that canceled various claims of a patented method of power reduction.
-
June 21, 2023
Panel Upholds Sanction, Kessler Findings By Florida Federal Judge In Patent Row
WASHINGTON, D.C. — A patent owner’s subsequent infringement action against the same defendant following dismissal with prejudice of litigation involving the same patents and accused product was precluded under the Kessler doctrine, the Federal Circuit U.S. Court of Appeals said June 21.
-
June 21, 2023
Bosch, Mercedes-Benz Challenge To Fuel Injection Patent Turned Away
ALEXANDRIA, Va. — The Patent Trial and Appeal Board on June 20 denied institution of inter partes review (IPR) of a patent directed to high pressure fuel injection valves or injectors, upon finding that petitioners Robert Bosch LLC and Mercedes-Benz USA LLC failed to establish a reasonable likelihood of prevailing on their assertions of patent obviousness.
-
June 19, 2023
N.C. Federal Judge: Demand Letters, Patent License Offers Confer Jurisdiction
CHARLOTTE, N.C. — A bid by a Texas company, its attorney and others for dismissal of a complaint seeking a declaration of patent invalidity and asserting violations of North Carolina’s patent troll law was denied June 16 by a federal judge in North Carolina, who found that the defendants’ demand letters and offers of a patent license to a North Carolina robotics company is enough to justify the exercise of specific jurisdiction.
-
June 19, 2023
Bayer, Monsanto Seek Review Of Transgenic Soybean Plant Patents
ALEXANDRIA, Va. — In a recent petition for inter partes review (IPR), Bayer CropScience LP and Monsanto Co. (Bayer, collectively) tell the Patent Trial and Appeal Board that a patented transgenic soybean plant with cells containing recombinant DNA encoding should be canceled as anticipated and obvious.
-
June 16, 2023
Board Decision Upholding Canceled Patent Claims Affirmed On Appeal
WASHINGTON, D.C. — An examiner’s determination, later confirmed by the Patent Trial and Appeal Board, that three prior art references render obvious a claimed advertising patent was proper, the Federal Circuit U.S. Court of Appeals has ruled.
-
June 16, 2023
In Blow To Nintendo, California Federal Judge Revisits Invalidity Ruling
SAN FRANCISCO — A March summary judgment ruling in favor of patent infringement defendant Nintendo Co. Ltd. has been amended following a decision on rehearing by a California federal judge, who said several asserted claims were wrongly declared invalid in the earlier ruling.
-
June 15, 2023
On Heels Of Infringement Complaint, Tesla Seeks Review Of AI Patent
ALEXANDRIA, Va. — A recent request for inter partes review (IPR) filed by Tesla Inc. seeks cancellation of 20 claims of a patent directed to a system for autonomous device operation.
-
June 15, 2023
Appellees: Patented Method Of Providing Product Return Data Is Ineligible
WASHINGTON, D.C. — Five patents directed to a method of providing data on a purchaser’s history of “charge-backs” to a merchant recite the fundamental practice of “receiving,” “processing,” “generating” and “transmitting” information, four appellees accused of infringement tell the Federal Circuit U.S. Court of Appeals.
-
June 14, 2023
DISH Defends Fee Award By Colorado Federal Judge In Patent Infringement Row
WASHINGTON, D.C. — Allegations of infringement leveled in connection with video-streaming technology declared “manifestly” ineligible for patenting were so baseless as to justify declaring the case “exceptional,” DISH Network LLC tells the Federal Circuit U.S. Court of Appeals.
-
June 13, 2023
Mylan’s Challenge To Constipation Treatment Is Deficient, Patent Owner Says
ALEXANDRIA, Va. — Bausch Health Ireland Ltd. on June 12 defended technology used in its constipation drug Trulance® as nonobvious, in a response filed with the Patent Trial and Appeal Board.
-
June 13, 2023
Netflix Seeks Rehearing By Board Of Decision Denying Patent Review
ALEXANDRIA, Va. — A recent denial by the Patent Trial and Appeal Board of a petition for inter partes review (IPR) of an automated browsing patent was wrongly premised on a claim construction of “interactively variable duration information” that was “expressly rejected” by a federal judge in Delaware in parallel litigation, Netflix Inc. told the board June 12.
-
June 13, 2023
Board Sanctions Owner By Canceling All Claims Of Specimen Collection Patents
ALEXANDRIA, Va. — Citing a patent owner’s failure to meet its duty of candor and fair dealing in connection with certain biological testing data, the Patent Trial and Appeal Board has canceled as a sanction all 183 claims of five patents.
-
June 12, 2023
Federal Circuit Upholds Rejection Of Infringement Claims Over LED Patents
WASHINGTON, D.C. — In a one-paragraph, nonprecedential opinion issued June 12, the Federal Circuit U.S. Court of Appeals left intact a determination by a North Carolina federal judge that prosecution history estoppel bars an infringement action under the doctrine of equivalents.
-
June 12, 2023
In ‘PlasmaCar’ IP Row, Florida Federal Magistrate Judge Recommends Relief
MIAMI — A design patent, trademark and copyright owner should be granted a preliminary injunction while it pursues infringement allegations against more than 150 e-tailers, a federal magistrate judge in Florida said June 9.
-
June 09, 2023
Companies Say Fracking Patent Expert’s Opinions Are ‘Unsupported And Unsound’
MIDLAND, Texas — Fuel distribution companies that are defendants in a hydraulic fracturing patent dispute moved in Texas federal court to exclude certain opinions of the plaintiff’s expert on grounds they are “unsupported and unsound” theories of infringement.
-
June 06, 2023
Federal Circuit Upholds Attorney Fee Denial In Patent Row; Case Is Not Exceptional
WASHINGTON, D.C. — Finding no abuse of discretion and rejecting the appellant’s invitation to abandon that standard of review, the Federal Circuit U.S. Court of Appeals upheld denial of attorney fees and non-taxable costs in a patent case a successor judge ruled unexceptional.
-
June 08, 2023
Federal Circuit: Patent Case Against Microsoft Belongs In Washington State
WASHINGTON, D.C. — A federal judge in Texas was ordered June 7 by the Federal Circuit U.S. Court of Appeals to grant a motion by Microsoft Corp. for transfer to a federal court in Washington where the software giant is headquartered, in a dispute over data protection patents.
-
June 08, 2023
Draw-Based Lottery Technology Is Obvious, Federal Circuit Affirms
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 7 left intact a determination by the Patent Trial and Appeal Board that a patent directed to the sale and activation of draw-based lottery tickets would be obvious to a person of skill in the art.
-
June 07, 2023
In Dual Opinions, Federal Circuit Says Teleflex Stent Patents Are Valid
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals affirmed in two opinions findings by the Patent Trial and Appeal Board that six patents relating to coronary artery stent technology were not proven unpatentable by Medtronic Inc. and a subsidiary.
-
June 07, 2023
W.Va. Federal Judge: Regeneron Lacked Intent To Deceive Patent Office
CLARKSBURG, W.Va. — A federal judge in West Virginia on June 6 denied competing motions for summary judgment as well as a bid by Mylan Pharmaceuticals Inc. to amend its answer, defenses and counterclaims in an infringement action as they relate to alleged inequitable conduct by the owner of a patented drug used to treat macular degeneration.
-
June 07, 2023
Federal Judge Stands By JMOL In Favor Of Comcast In Florida Patent Row
FORT MYERS, Fla. — Comcast Cable Communications LLC is entitled to judgment as a matter of law (JMOL) on allegations that it infringed a patent directed to an interactive program guide, a federal judge in Florida ruled.
-
May 22, 2023
COMMENTARY: Intellectual Property Legal Issues Impacting Artificial Intelligence
By Edward D. Lanquist and Dominic Rota
-
May 31, 2023
United States: Apple, Broadcom Petition In Coding Patent Row Should Be Denied
WASHINGTON, D.C. — In an amicus curiae brief, the U.S. solicitor general (SG), on behalf of the United States, recommends that the U.S. Supreme Court deny a petition for certiorari fled by Apple Inc. and Broadcom Inc., opining that the Federal Circuit U.S. Court of Appeals correctly found that the petitioners were estopped from pursuing patent invalidity claims because they did not raise them during inter partes review (IPR) proceedings, although they could have.