Mealey's Patents
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February 20, 2024
In Post-Grant Review Halliburton Defends Fracking Technology As Patent-Eligible
ALEXANDRIA, Va. — A petition for post-grant review (PGR) of a purportedly improved hydraulic fracturing process engages in oversimplification of the claims in making the case for a finding of patent ineligibility, Halliburton Energy Services Inc. contends in a Feb. 16 filing with the Patent Trial and Appeal Board.
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February 20, 2024
Interlocutory Appeal Of Relief In Trade Dress, Patent Case Succeeds
WASHINGTON, D.C. — A federal judge in Texas abused his discretion in preliminarily enjoining a patent and trade dress infringement defendant from operating its trampoline park, the Federal Circuit U.S. Court of Appeals said Feb. 16.
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February 16, 2024
In IP Row With Former Firm, Accused Engineer Defends Summary Judgment
WASHINGTON, D.C. — A federal judge in Utah correctly rejected on summary judgment a patent and copyright owner’s case in full against a former employee and his new, competing company, the employee and company tell the Federal Circuit U.S. Court of Appeals in an appellee brief.
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February 16, 2024
Federal Circuit Admonishes Patent Counsel Caught Skirting Word Limit Rules
WASHINGTON, D.C. — In a Feb. 16 sua sponte per curiam order it said it “hoped not to have to write,” a panel of the Federal Circuit U.S. Court of Appeals clarified that exceeding word limits through an incorporation by reference is a sanctionable offense under Federal Rule of Appellate Procedure 28; although the court stopped short of sanctioning counsel for Comcast Cable Communications LLC for engaging in such conduct, in an opinion released in a companion case the same day, it reinstated infringement allegations against his client.
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February 16, 2024
Patent Owner Says Outcome Of IPRs Not Preclusive In District Court Case
WASHINGTON, D.C. — A federal judge in Wisconsin wrongly concluded that final written decisions (FWDs) by the Patent Trial and Appeal Board that declared certain independent patent claims obvious eliminated the need for a defendant in a subsequent infringement action to establish that its cited prior art satisfies the limitations of dependent claims of the same patents, the patent owner tells the Federal Circuit U.S. Court of Appeals.
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February 16, 2024
Meta Handed A Setback When Panel Reinstates Infringement Litigation
WASHINGTON, D.C. — A finding on the eve of a planned November 2022 trial that Meta Platforms Inc. does not infringe four patents directed to query results was erroneous, the Federal Circuit U.S. Court of Appeals said Feb. 15, reversing and remanding a summary judgment order by a California federal judge.
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February 15, 2024
Request For Contempt Finding In Trademark, Design Patent Case Denied
HOUSTON — A federal judge in Texas on Feb. 14 rejected as premature allegations that a defendant has violated a stipulated preliminary injunction in a trademark and design patent infringement case by manufacturing and selling a redesigned floating pool chaise.
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February 15, 2024
Illinois Federal Judge Declares Trading Platform Technology Patent-Ineligible
CHICAGO — A defendant on Feb. 14 secured dismissal of allegations that it infringes three patents owned by a fellow provider of foreign currency trading and information services, with a federal judge in Illinois finding that although the technology improves upon prior art by providing “more accurate and reliable” metrics for traders, “the concepts of obtaining, filtering, and processing data to provide statistical information are abstract regardless of the quality of the process used to do so.”
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February 15, 2024
Panel Preserves Win For Samsung In Smartphone Functionality Patent Row
WASHINGTON, D.C. — A pro se appellant, inventor and patent infringement plaintiff who unsuccessfully sued Samsung Electronics America Inc. has failed to persuade the Federal Circuit U.S. Court of Appeals to revive the case, which was dismissed with prejudice by a federal judge in California.
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February 14, 2024
Government: AI-Assisted Invention Patents Require ‘Significant Human’ Role
WASHINGTON, D.C. — Patent applicants must be “natural persons” — artificial intelligences cannot be listed as inventors — and the U.S. Patent and Trademark Office (PTO) analysis of applications including artificial intelligence-assisted inventions focuses on whether a significant human contribution exists, according to guidance published in the Federal Register on Feb. 13.
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February 14, 2024
Federal Circuit Declines Call To Construe ‘OFF,’ Declares Patent Indefinite
WASHINGTON, D.C. — A system and method for deterring identify theft was correctly deemed indefinite by a federal judge in Illinois because the “specification and claims fail to provide adequate guidance as to the identity” of a recited “transaction partner,” a divided Federal Circuit U.S. Court of Appeals ruled Feb. 14.
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February 13, 2024
Dexcom Seeks To Add New Challenge To Abbott Glucose Monitoring Patent
ALEXANDRIA, Va. — In a new petition filed with the Patent Trial and Appeal Board, Dexcom Inc. says that two new claims of the same patent already the subject of inter partes review (IPR) should also be examined after patent owner Abbott Diabetes Care Inc. recently added allegations of their infringement in federal court.
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February 09, 2024
Panel Issues Mixed Ruling In Appeal Of Post-Grant Review Of Vape Patent
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 9 said that although an obviousness challenge by Philip Morris Products S.A. to patented vaping technology was correctly decided in favor of the tobacco giant, the Patent Trial and Appeal Board wrongly found inadequate written descriptive support for two other claims.
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February 09, 2024
Manuals Wrongly Excluded From Prior Art Analysis, Federal Circuit Rules
WASHINGTON, D.C. — Inter partes review (IPR) of two patents relating to a meat and cheese slicer was reinstated Feb. 8 by the Federal Circuit U.S. Court of Appeals, which said the U.S. Patent Trial and Appeal Board not only wrongly found that manuals relied on by the petitioner were not publicly available but also erred in concluding that the remaining prior art failed to disclose two limitations.
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February 08, 2024
Petitioner: Integration Of Haptics In Augmented Reality Not New, Novel
ALEXANDRIA, Va. — The Patent Trial and Appeal Board was urged Feb. 7 to cancel various claims of a patent directed to augmented reality (AR) applications that feature integrated haptics, or touch feedback, in a petition for inter partes review (IPR) by a gaming company.
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February 08, 2024
Federal Circuit Tells Patent Board To Construe Claims As Proposed By Google
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 7 said an implicit claim construction by the Patent Trial and Appeal Board of a disputed term in a climate control patent was unduly narrow.
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February 07, 2024
Tesla Challenges Patented Vehicle Power Consumption Technology In New Petition
ALEXANDRIA, Va. — A patent that purportedly optimizes vehicle power consumption to yield improved fuel efficiency would have been obvious to a person of ordinary skill in the art (POSITA) by November 2005, the patent’s claimed priority date, Tesla Inc. tells the Patent Trial and Appeal Board.
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February 06, 2024
Board Wrongly Shifted Burden During Inter Partes Review, Patent Owner Says
WASHINGTON, D.C. — The owner of a patented treatment of pre-myopia, myopia or progression of myopia says in a new appeal the Patent Trial and Appeal Board wrongly declared the technology obvious.
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February 06, 2024
Motorized Dumbbell Is Patent-Eligible, Appellant Tells Federal Circuit
WASHINGTON, D.C. — Allowing a Utah federal judge’s determination of ineligibility under Section 101 of the Patent Act, 35 U.S.C. § 101, to stand “would be fundamentally unfair” and cause the patent owner, a self-described “innovator in weightlifting technologies” and “pioneer of selectorized dumbbells,” to lose valuable ground to market “latecomer” iFIT Inc., the patent owner tells the Federal Circuit U.S. Court of Appeals in a Feb. 5 appellant brief.
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February 06, 2024
Panel Upholds Sanction But Reinstates Loofah Patent Infringement Case
WASHINGTON, D.C. — A federal magistrate judge in Arkansas did not abuse his discretion in sanctioning a patent owner for discovery abuse but committed several errors during claim construction, leading to a jury verdict and final judgment of noninfringement that must be vacated, the Federal Circuit U.S. Court of Appeals found Feb. 5.
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February 06, 2024
Patent Dispute Over Nasal Antiseptic Product Mooted, Michigan Federal Judge Finds
DETROIT — Citing an infringement defendant’s decision to pull from the market an accused nasal antiseptic and promise to refrain from manufacturing or selling the product in the near future, a federal judge in Michigan has dismissed the case as moot over the objection of the patent owner.
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February 05, 2024
Panel Upholds Denial Of New Trial, Does Not Reach Patent Ineligibility Claim
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 2 said it need not address a conditional cross-appeal by prevailing patent infringement defendant Sony Interactive Entertainment LLC (SIE) in which the video console maker sought a determination of patent ineligibility in view of the panel’s holding in the same ruling that a patent owner is not entitled to a new trial.
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February 05, 2024
Microsoft Can Amend Invalidity Contentions, Defense In OneDrive Infringement Row
SEATTLE — In a Feb. 2 order addressing three motions he deemed “separate but ultimately related,” a federal judge in Washington granted Microsoft Corp. leave to amend its claim that three patents are invalid along with its counterclaims and affirmative defenses to allegations of infringement based upon a recent appellate ruling.
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February 05, 2024
Delaware Federal Judge Denies Bid For New Trial In Decade-Old Patent Case
WILMINGTON, Del. — A federal judge in Delaware on Feb. 2 closed a case initiated in 2013 against Google LLC, in which the tech giant was cleared at a May 2023 trial of allegations that it infringed a patent the jury also said is invalid.
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February 02, 2024
Panel: ‘Distributed Hypermedia’ System And Method Properly Declared Patent-Ineligible
WASHINGTON, D.C. — A patent owner failed to persuade the Federal Circuit U.S. Court of Appeals to undo a determination of ineligibility by a federal judge in California, with the appellate panel declaring in a Feb. 1 decision that “interacting with data objects on the World Wide Web is an abstraction.”