Mealey's Patents
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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.”
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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.
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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.
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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.
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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.”
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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.
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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.
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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.
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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.
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November 08, 2023
Panel Says Appellant Lacks Standing To Challenge Patent Ruling
WASHINGTON, D.C. — A bid for review of a decision by the Patent Trial and Appeal Board that confirmed as patentable two claims of an improved treatment for pterygium was rejected Nov. 7 by the Federal Circuit U.S. Court of Appeals on grounds that the appellant failed to establish an injury in fact.
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November 07, 2023
Panel: Extrinsic Evidence Wrongly Overlooked In Patent Claim Construction
WASHINGTON, D.C. — A dispute over a proposed generic version of the naturally occurring substance epoprostenol was remanded to a West Virginia federal judge on Nov. 6 by the Federal Circuit U.S. Court of Appeals, which said three “highly relevant” textbooks should have been considered during construction of the disputed claim term “a pH of 13 or higher.”
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November 07, 2023
High Court Rejects Bid For Certiorari In Patent Inventorship Row
WASHINGTON, D.C. — A May ruling by the Federal Circuit U.S. Court of Appeals undoing a trial court order directing the addition of an inventor to a patent covering a method of precooking bacon will stand, thanks to a Nov. 6 denial of a petition for writ of certiorari by the U.S. Supreme Court.
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November 06, 2023
Nichia Can’t Persuade Appellate Court To Undo Patentability Holding
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has rejected claims by Nichia Corp. that the Patent Trial and Appeal Board wrongly confirmed as patentable technology relating to improvements in surface mounts for opto-electronics.
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November 06, 2023
Divided Panel Upholds $5M Attorney Fee Award In Longstanding Patent Row
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Nov. 3 weighed in for a third time in a dispute over patents allegedly infringed by Amazon.com Inc.’s “S3” and “CloudFront” products, this time affirming in a divided ruling a California federal judge’s $5,187,203.99 attorney fee award on behalf of the e-tailer and Twitch Interactive Inc.
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November 06, 2023
Patent Owner To PTO Director: Board ‘Ignored Its Own Construction’
ALEXANDRIA, Va. — The owner of a patent directed to biometrics that had claims recently canceled filed a motion on Nov. 3 for Katherine Vidal, director of the U.S. Patent and Trademark Office, to rehear an inter partes review (IPR) initiated by Apple Inc.
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November 03, 2023
In Microcalorimeter Patent Row, Panel Vacates Stipulated Judgment
WASHINGTON, D.C. — A federal judge in Delaware erred in construing a key disputed claim term in two patents directed to a machine that measures energy absorbed or released during a chemical reaction, the Federal Circuit U.S. Court of Appeals has concluded.
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October 31, 2023
Meta Can’t Persuade Appeals Court To Transfer Patent Case To California
WASHINGTON, D.C. — An order by a federal judge in Texas directing intradistrict transfer of allegations that Meta Platforms Inc. infringed six virtual reality patents while denying the social media giant’s bid for transfer to California federal court will stand, the Federal Circuit U.S. Court of Appeals ruled Oct. 30.
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October 30, 2023
Patented Roofing Tech Was ‘Exceedingly Well Known,’ Petitioner Says
ALEXANDRIA, Va. — Pointing to a decision by the U.S. Patent and Trademark Office that “squarely rejected” claims of “identical scope” and “nearly-identical language” in a child application later abandoned, a petitioner for inter partes review (IPR) on Oct. 28 urged the Patent Trial and Appeal Board to follow suit and cancel various claims of the parent patent.
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October 30, 2023
Request For Declaration Of No Patent Infringement Will Proceed In Texas, Panel Says
WASHINGTON, D.C. — In an Oct. 27 denial of a petition for writ of mandamus, the Federal Circuit U.S. Court of Appeals said a “threshold challenge” to venue in the Eastern District of Texas was not made by a declaratory judgment plaintiff in opposing transfer from the Northern District of Illinois.
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October 27, 2023
Board Determination Of Unpatentability Affirmed, Constructions Upheld
WASHINGTON, D.C. — Substantial evidence supports findings by the Patent Trial and Appeal Board that a purported improvement to the design and manufacture of static random access memory (SRAM) would have been obvious to a person of skill in the art, a divided Federal Circuit U.S. Court of Appeals panel ruled Oct. 26.
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October 26, 2023
Divided Panel Says Netflix Procedural Challenge To Patent Board Is Forfeited
WASHINGTON, D.C. — Finding no error in how the Patent Trial and Appeal Board “understood” two petitions for inter partes review (IPR) by Netflix Inc., a panel majority of the Federal Circuit U.S. Court of Appeals on Oct. 25 rejected what it deemed a “purely procedural” challenge by the video streaming service.
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October 26, 2023
Patent Owner Tells Board To Discretionarily Deny Samsung Petition
ALEXANDRIA, Va. — Because a recent petition for inter partes review (IPR) by Samsung Electronics Co. Ltd. relies on the same or substantially the same prior art cited during patent prosecution, a patent owner is urging the Patent Trial and Appeal Board to issue a discretionary denial.
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October 25, 2023
Treadmill Company Says Competitor’s Patent Is Not Novel
WASHINGTON, D.C. — Patented technology touted by the maker of the “Curve” and “Trueform” treadmills as “revolutionary” and the “first of its kind” should be canceled as obvious, according to an Oct. 24 petition by a rival filed with the Patent Trial and Appeal Board.
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October 24, 2023
Patent Owner Can’t Persuade Panel To Undo Board’s Obviousness Holding
WASHINGTON, D.C. — A patented alarm suspension system responsive to physiological parameters was correctly canceled by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled Oct. 24.
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October 24, 2023
Panel: Board Erroneously Construed Term In Particle Processing Patent
WASHINGTON, D.C. — Portions of a final written decision (FWD) by the Patent Trial and Appeal Board confirming as patentable various claims of a microfluidic device used to process particles in a sample fluid have been vacated outright by the Federal Circuit U.S. Court of Appeals, while others were remanded to the board for a second look.