Mealey's Patents
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May 31, 2023
Federal Circuit Affirms PTAB’s IPR Ruling Against Medtronic Over Catheter Patents
WASHINGTON, D.C. — Affirming an inter partes review (IPR) ruling by the Patent Trial and Appeal Board (PTAB), a Federal Circuit U.S. Court of Appeals panel majority found that Medtronic Inc. did not establish that catheter guide patents in suit are unpatentable, agreeing with the board’s rejection of asserted prior art and its conclusion that a broader intended purpose for the patents was consistent with expert and inventor testimony.
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May 30, 2023
Supreme Court Won’t Hear Suit Over Section 101 Patent Eligibility Criteria
WASHINGTON, D.C. — A dispute over the eligibility of a patent pertaining to radio frequency identification (RFID) technology under Section 101 of the Patent Act will not be considered by the U.S. Supreme Court, which denied a petition for certiorari in its May 30 order list that asked the court to consider whether subdividing serial numbers served to make an invention patent-eligible subject matter.
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May 22, 2023
Certiorari Denied In 2 Cases Questioning Authority For Temporary PTO Appointments
WASHINGTON, D.C. — Two patent infringement suits that were previously before the U.S. Supreme Court in a dispute over the appointment of administrative patent judges (APJs) by the U.S. Patent and Trademark Office (PTO) were both denied certiorari on May 22 on another appointment matter, this one pertaining to temporary appointment of government officials when a PTO position is vacant per the Federal Vacancies Reform Act (FVRA).
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May 22, 2023
Board Won’t Review Patented System, Method For Remote Check Deposit
ALEXANDRIA, Va. — Allegations by a bank that prior art renders obvious a patent relating to a remote check deposit system and method that enables quicker access to a check’s funds have been rejected by the Patent Trial and Appeal Board.
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May 19, 2023
ITC Correctly Construed Patent Limitation, Federal Circuit Affirms
WASHINGTON, D.C. — The Regents of the University of California have failed to persuade the Federal Circuit U.S. Court of Appeals to undo a determination by the International Trade Commission (ITC) that myriad lighting retailers do not infringe two university patents.
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May 18, 2023
U.S. High Court Endorses Federal Circuit Enablement Standard
WASHINGTON, D.C. — A unanimous U.S. Supreme Court on May 18 affirmed trial court and circuit court rulings that two Amgen Inc. patents on anti-cholesterol antibodies are not sufficiently enabled because they seek to cover “potentially millions” of antigens that they do not claim.
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May 18, 2023
Telecomm Co. To Board: Bandwidth Allocation Patent Is Novel, Nonobvious
ALEXANDRIA, Va. — In a preliminary patent owner response, Corrigent Corp. maintains that its patented system that determines bandwidth needs, maps logistical network topology to physical network topology and allocates the bandwidth accordingly should not be subjected to inter partes review (IPR) by the Patent Trial and Appeal Board.
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May 18, 2023
Cybersecurity Company’s Mandamus Request For New PTAB Panel Rejected
WASHINGTON, D.C. — A bid by a cybersecurity company for mandamus relief from a decision by the Patent Trial and Appeal Board instituting inter partes review (IPR) of a packet-filtering patent has been turned away by the Federal Circuit U.S. Court of Appeals.
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May 16, 2023
In Response, Patent Owner Accuses Petitioners Of ‘Gamesmanship’
ALEXANDRIA, Va. — Litigation in Delaware federal court should take precedence over a recently filed petition for inter partes review (IPR), a patent owner tells the Patent Trial and Appeal Board, noting that trial in Delaware will occur before the board can reach a final written decision.
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May 16, 2023
Graco To Federal Circuit: ‘No Dispute’ That Baby Swing Does Not Infringe
WASHINGTON, D.C. — Graco Inc. and its parent company urge the Federal Circuit U.S. Court of Appeals to uphold a summary judgment of noninfringement awarded to them by a federal judge in California, on grounds that a patentee’s invention for an infant soothing device is “fundamentally different” than an accused baby swing.
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May 16, 2023
Longstanding Patent Row Over ‘Carve-Out’ Label Ends In Cert Denial
WASHINGTON, D.C. — A decision on rehearing by the Federal Circuit U.S. Court of Appeals that reinstated a $234 million award in favor of GlaxoSmithKline LLC (GSK) will stand in light of the U.S. Supreme Court’s May 15 denial of a generic drugmaker’s petition for writ of certiorari.
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May 16, 2023
Pro Se Patent, Antitrust Claims Against Apple Are Frivolous, Panel Affirms
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has joined a California federal judge in declaring pro se antitrust and patent infringement claims by a frequent litigant frivolous in a win for Apple Inc.
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May 15, 2023
High Court Denies Cert In Patent Eligibility Cases Despite U.S. Position
WASHINGTON, D.C. — In its May 15 order list, the U.S. Supreme Court announced that it will not review two cases that sought clarification on the abstract-idea exception to patent eligibility.
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May 15, 2023
Patent Owner Loses Appeal Of Ineligibility Holding By New York Court
WASHINGTON, D.C. — A federal judge in New York did not err when declaring a computer-implemented method for processing financial transactions that involve “stored value items,” such as coupons or vouchers, ineligible for patenting, the Federal Circuit U.S. Court of Appeals has ruled.
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May 15, 2023
Inequitable Conduct Claim Against Ridge Wallet Will Proceed To Bench Trial
LOS ANGELES — On remand from the Federal Circuit U.S. Court of Appeals, a federal judge in California has denied a request for summary judgment that a patented wallet with money clip is unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office (PTO).
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May 12, 2023
Vanda Patents For Treating ‘Non-24’ Are Obvious Federal Circuit Panel Affirms
WASHINGTON, D.C. — A federal judge in Delaware did not err in declaring obvious four Vanda Pharmaceuticals Inc. patents relating to the use of tasimelteon to treat the sleep-wake disorder known as “non-24,” the Federal Circuit U.S. Court of Appeals said.
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May 12, 2023
Michigan Suit Over Parking Brake Actuator Patent Won’t Be Stayed
DETROIT — A bid by defendants to stay patent litigation while the Patent Trial and Appeal Board assesses their pending petition for inter partes review (IPR) has been denied by a federal judge in Michigan, who instead ordered limited discovery relating to the supply chain of electric parking brakes accused of infringement.
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May 12, 2023
Patent Owner’s Appeal Of Adverse Review Fails Before Federal Circuit
WASHINGTON, D.C. — A determination by the Patent Trial and Appeal Board that all claims of a data authentication patent challenged by Sony Interactive Entertainment LLC are obvious was supported by substantial evidence, the Federal Circuit U.S. Court of Appeals has ruled.
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May 10, 2023
Theories Of Motivation To Combine References Are Deficient, Patent Owner Says
ALEXANDRIA, Va. — A patent owner on May 9 defended its at-home bodily fluid sample collection technology in a response filed with the Patent Trial and Appeal Board, arguing that a proposed combination of prior art would omit a key limitation.
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May 10, 2023
Federal Circuit Vacates, Remands Rejection Of Patent Application
WASHINGTON, D.C. — The Patent Trial and Appeal Board “failed to address” arguments by Universal Electronics Inc. (UEI) that identified a “hole” in the rejection by an examiner of an application to patent a switching device, the Federal Circuit U.S. Court of Appeals ruled May 10, vacating and remanding the board’s decision.
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May 09, 2023
Federal Circuit Concludes Board Wrongly Declared Sanofi Patent Obvious
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 9 reversed a determination by the Patent Trial and Appeal Board that a patent directed to a drug delivery device is obvious over prior art.
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May 09, 2023
In New Post-Grant Review Petition, Anti-Malware Patent Faces Challenge
ALEXANDRIA, Va. — In a May 8 filing with the Patent Trial and Appeal Board, the cybersecurity company Sophos Inc. says that “every one of the claimed features” of a patent relating to “threat detection of executable files” was disclosed in or rendered obvious by a prior art application.
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May 09, 2023
Patentholder Asks Supreme Court To Weigh In On Temporary PTO Appointments
WASHINGTON, D.C. — A patent holder that received unfavorable patent validity and rehearing rulings from the U.S. Patent and Trademark Office (PTO) filed a reply brief supporting its petition for certiorari, asking the U.S. Supreme Court to provide guidance on when the temporary appointment of a government official runs afoul of the Federal Vacancies Reform Act (FVRA).
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May 08, 2023
Panel Turns Away Fee, Sanction Request By Patent Infringement Defendant
WASHINGTON, D.C. — A Colorado federal judge did not abuse his discretion in denying a request for attorney fees and sanctions following a stipulated dismissal of an infringement action by a patent owner, the Federal Circuit U.S. Court of Appeals ruled May 8.
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May 08, 2023
Patent Owner Says Roku Waived Challenge To Board Prior Art Findings
WASHINGTON, D.C. — A patent owner is urging the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that its claimed home theater appliance control technology is nonobvious, asserting that Roku Inc. conceded as much during an inter partes review (IPR).