Mealey's Patents : Mealey's : Legal News & Analysis

Mealey's Patents

August 22, 2024
In High Court, PTO Director Says Patent Term Adjustment Does Not Affect Validity

WASHINGTON, D.C. — In her Aug. 21 brief in response to a petition for writ of certiorari filed by a tech firm in the U.S. Supreme Court, the director of the U.S. Patent and Trademark Office (PTO) argues that a patent that had its expiration date extended under patent term adjustment (PTA) due to application delays caused by the PTO is still susceptible to findings of obviousness and invalidity.
August 22, 2024
Mobile User Interface Patent Claim Is Not Indefinite, Federal Circuit Holds

WASHINGTON, D.C. — A federal trial court erred in finding that the representative claim of a mobile user interface patent was indefinite because the language of the claim and its prosecution history show that the claim can be properly constructed in a way that fits the patent, a Federal Circuit U.S. Court of Appeals panel found in reversing and remanding the trial court’s judgment.
August 22, 2024
Illinois Federal Judge Declines To Vacate $525M Jury Award In Tech Patent Dispute

CHICAGO — A jury’s award of $525 million for patent infringement claims involving information storage and retrieval patents was supported by sufficient evidence and should not be vacated, an Illinois federal judge found in denying Amazon’s motion for judgment as a matter of law (JMOL) and its motion for a new trial.
August 22, 2024
Enactment Of AIA Did Not Change The On-Sale Bar, Federal Circuit Holds

WASHINGTON, D.C. — Congress did not intend to change the long-established interpretation of the on-sale bar by enacting the Leahy-Smith America Invents Act (AIA) because textual changes brought on with the enactment of the AIA text did not materially affect the provision, a Federal Circuit U.S. Court of Appeals panel found in affirming a decision from the U.S. International Trade Commission concerning artificial sweetener patents.
August 20, 2024
Federal Circuit Dismisses Hydrogenated Silicon Patent Appeal For Lack Of Standing

WASHINGTON, D.C. — There is no live case or controversy regarding hydrogenated silicon patent infringement claims because the patent owner dismissed its claims with prejudice, a Federal Circuit U.S. Court of Appeals panel found in dismissing an appeal of a final written inter partes review decision issued by the Patent Trial and Appeal Board.
August 20, 2024
Nike’s Shoe Patent Claims Against New Balance Will Continue In Mass. Federal Court

BOSTON — New Balance failed to show that Nike’s factual allegations contradicted New Balance’s interpretation of three shoe patents it allegedly infringed by manufacturing and selling its own shoes, a Massachusetts federal judge found in denying New Balance’s partial motion to dismiss.
August 19, 2024
Sale Of Invention Was Not ‘Public Disclosure,’ Federal Circuit Says In Patent Case

WASHINGTON, D.C. — The private sale of a product that contained the subject matter of a patent application that was filed several days later does not mean the application itself cannot be considered prior art because the sale did not result in the public disclosure of the inventive subject matter, a Federal Circuit U.S. Court of Appeals panel found in affirming the Patent Trial and Appeal Board’s (PTAB) finding that a patent for a port apparatus used with electronic devices was obvious in light of the application.
August 16, 2024
Federal Circuit Vacates Preliminary Injunction In E-Cigarette Trademark Dispute

WASHINGTON, D.C. — A federal judge in Florida was wrong to issue a preliminary injunction against a Chinese e-cigarette manufacturer and its American wholesalers in a trademark and patent dispute brought by an American e-cigarette maker, a panel of judges in the Federal Circuit U.S. Court of Appeals held, saying that the judge did not adequately consider the Chinese company’s argument that the American manufacturer did not have a valid claim to the contested mark because it did not seek approval from the U.S. Food and Drug Administration for its product.
August 16, 2024
Fla. Federal Judge: Patent Commission Case Belongs In Courts Of England And Wales

MIAMI — A dispute over whether a consulting firm is entitled to an anticipated judgment allegedly arising from the firm’s efforts to monetize two service control technology permits must be heard in the courts of England and Wales because the brokerage agreement between the firm and the patent owners contains a forum-selection clause selecting that forum, a Florida federal judge found in granting the owner’s motion to dismiss.
August 15, 2024
Owner Of Charging Bag Patent Fails To Secure Default Judgment In N.Y. Federal Court

BUFFALO — The owner of a patent that describes a bag or luggage that has a USB charging connector is not entitled to default judgment on the claim of patent infringement it brought against a competitor because the owner failed to attach a copy of its patent to its motion for default judgment, a New York federal judge found in denying the motion without prejudice.
August 14, 2024
Patent Attorney Urges High Court To Decline Review Of 9th Circuit FCA Reversal

WASHINGTON, D.C. — A patent attorney who was a district court’s qui tam plaintiff in a suit accusing pharmaceutical companies of violating the False Claims Act (FCA) by artificially inflating drug prices urges the U.S. Supreme Court to decline review of the Ninth Circuit U.S. Court of Appeals’ ruling reversing the district court’s dismissal, arguing that the Ninth Circuit correctly “held that the public disclosures did not collectively disclose the fraud.”
August 14, 2024
Federal Judge Adopts Recommendation, Says Ignition Mitigation Patents Are Invalid

MIAMI — In adopting a federal magistrate judge’s report and recommendation, a Florida federal judge agreed that three patents that form a method and system of fuel tank mitigation were invalid under the on-sale bar because the inventor made three commercial offers for sale of the patented method before applying for patent protection.
August 13, 2024
PTO Director’s Former Role In Case Didn’t Affect Due Process Rights, Panel Says

WASHINGTON, D.C. — The owner of three computer data patents was not deprived of its due process rights when the Patent Trial and Appeal Board (PTAB) instituted inter partes review after opposing counsel in a dispute over the patents was nominated and appointed as director of the U.S. Patent and Trademark Office (PTO) because the director properly recused herself from the case and the administrative law judges of the PTAB had no pecuniary interest in agreeing with the arguments she formerly presented before them, a Federal Circuit U.S. Court of Appeals panel found in affirming three final written decisions from the PTAB.
August 13, 2024
In COVID-19 Vaccine Case, Federal Judge Says Patent Preambles Must Be Considered

WILMINGTON, Del. — The term “vaccine” within the preamble of a patent that was allegedly infringed upon by the manufacturing of various COVID-19 vaccines is a limitation of the patent’s claims because the term describes the intended use of the patent itself, a Delaware federal judge found in issuing a claim construction order interpreting the patent at issue.
August 13, 2024
Patent Trial And Appeal Board Panel Says Blood Pooling Method Was Not Obvious

WASHINGTON, D.C. — A patent examiner erred in finding that a method of separating blood components by pooling blood samples together from multiple donors was obvious because none of the prior art mentions pooling blood together, a Patent Trial and Appeal Board (PTAB) panel found Aug. 12 in rejecting the examiner’s findings.
August 12, 2024
Animal Drug Patent Owners Had No Notice Of Methodology Change, Federal Judge Says

WASHINGTON, D.C. — The U.S. Food and Drug Administration violated the Administrative Procedure Act (APA) by changing, without notice, the methodology it uses to calculate regulatory review periods for new animal drug patents that are later used to extend the terms of such patents, a District of Columbia federal judge found in granting a patent owner’s motion for summary judgment.
August 09, 2024
Examiner Failed To Show Fragrance Delivery Claims Were Obvious, PTAB Panel Finds

WASHINGTON — A Patent Trial and Appeal Board (PTAB) panel on Aug. 8 reversed a patent examiner’s decision to reject as obvious a patent application that described a delayed chemical delivery system because the prior art referenced by the examiner failed to contain the same weight ratio as disclosed in the application.
August 08, 2024
Federal Circuit Affirms PTAB’s Obviousness Findings In Dispute Over Robot Patents

WASHINGTON, D.C. — The Patent Trial and Appeals Board (PTAB) did not err in finding that all but one of several challenged patent claims concerning a docking method for a robotic cleaning device were unpatentable in light of prior art, a Federal Circuit U.S. Court of Appeals panel found in affirming the PTAB’s final written decision on Aug. 8.
August 07, 2024
Federal Circuit Agrees That Image Information Claims Are Patent Ineligible

WASHINGTON, D.C. — A federal trial court did not err in finding that patent claims describing a method for storing information that relates to a captured image were patent ineligible because they are directed at an abstract idea and fail to present an inventive concept, a Federal Circuit U.S. Court of Appeals panel found in affirming the trial court’s judgment on Aug. 6.
August 07, 2024
Genetically Modified Corn Patent Claims Will Move Ahead In Delaware Federal Court

WILMINGTON, Del. — The owner of a genetically modified corn patent did not grant the public or a competitor unrestricted authorization to use its patented seeds by placing them in a deposit because such deposits can be used to disclose patent specifications in furtherance of a patent application, a Delaware federal judge found in denying the competitor’s motion to dismiss claims brought against it by the patent owner.
August 06, 2024
Remote Access Voice Invention Was Obvious, Federal Circuit Says In Affirming PTAB

WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) did not err in ruling that a patent describing a method of remotely accessing a computer via voice commands issued through a mobile device was obvious in light of prior art because the PTAB’s findings were supported by substantial evidence and expert testimony, a Federal Circuit U.S. Court of Appeals panel found in affirming the PTAB’s final written decision.
August 01, 2024
Slide Designer Failed To Allege That Its Design Patent Was Knowingly Infringed

SANTA ANA, Calif. — In asserting a claim for inducement of design patent infringement against a trampoline and recreational park franchisor, a slide designer failed to allege that the franchisor had actual knowledge that the slides it sold to its franchisees infringed upon the design patent at issue, a California federal judge found in granting the franchisor’s motion to dismiss without prejudice.
July 31, 2024
Microprocessor Patent Owner Doomed Its Own Claims Via Assertions Made To PTO

WILMINGTON, Del. — Intel is entitled to summary judgment on claims of patent infringement brought by the owner of a patent that describes an internal architecture for improving processing speeds because the owner previously argued before the U.S. Patent and Trademark Office (PTO) in favor of a specific construction of its own patent that differs from Intel’s allegedly infringing products, a Delaware federal judge found in granting Intel’s motion for summary judgment.
July 31, 2024
Jet Engine Heating Patents Were Anticipated By Prior Art, PTAB Panel Concludes

WASHINGTON, D.C. — A patent examiner did not err in finding that jet engine heating patents were anticipated by a prior art because the patent applicant failed to show that his claims specifically explained how the heat within the engine is generated, a Patent Trial and Appeal Board (PTAB) panel found in affirming the examiner’s findings on July 30.
July 30, 2024
Federal Circuit: Regulation Applies To Amended Claims In Internet Patent Dispute

WASHINGTON, D.C. — In a dispute between a software company and Apple and Motorola over a patent regarding how internet content is displayed on mobile devices, the Federal Circuit U.S. Court of Appeals upheld the Patent Trial and Appeal Board’s determination that a regulation addressing estoppel provisions in patent office proceedings is valid but vacated and remanded the board’s decision in two reexamination proceedings for it to reconsider the regulation’s application to previously issued claims.