Mealey's Patents
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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May 22, 2023
COMMENTARY: Intellectual Property Legal Issues Impacting Artificial Intelligence
By Edward D. Lanquist and Dominic Rota
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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.
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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.