Mealey's Patents
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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.”
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February 01, 2024
Appellant: Defendant Wrongly Deemed A Noninfringer Of Pump Deployment Patent
WASHINGTON, D.C. — Findings by a federal judge in Massachusetts that a heart pump product line does not infringe six patents were premised on an erroneous construction of several disputed claim terms, a patent owner argues in a brief filed with the Federal Circuit U.S. Court of Appeals.
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February 01, 2024
Panel Backs District Court, Says Irreparable Harm Unproven In Patent Case
WASHINGTON, D.C. — A federal judge in Delaware committed no abuse of discretion in denying a patent owner’s request for a preliminary injunction that would bar a competitor from launching its planned 5G in-flight broadband network, the Federal Circuit U.S. Court of Appeals concluded Jan. 31.
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February 01, 2024
Harvard Patent, Licensed To 10X Genomics, Should Be Canceled, Petitioner Says
ALEXANDRIA, Va. — Nanostring Technologies Inc. in a petition for inter partes review (IPR) tells the Patent Trial and Appeal Board that although a challenged independent claim of a patented method for imaging nucleic acids is “lengthy and detailed,” “length and detail should not be mistaken for inventiveness.”
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January 30, 2024
9th Circuit Stays Mandate Reversing Court’s Dismissal In FCA Drug Pricing Suit
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals granted a 90-day stay of the mandate reversing and remanding a district court’s dismissal of a relator’s qui tam suit alleging violations of the False Claims Act (FCA) against pharmaceutical companies related to their alleged fraud by artificially inflating drug prices.
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January 30, 2024
Novo Nordisk Tells Patent Board Mylan Petition Is Procedurally Improper
ALEXANDRIA, Va. — A “copycat” challenge to a patent associated with the weight loss drug Ozempic filed 18 months after the petitioners were accused of infringement — and that seeks joinder to an existing and timely inter partes review (IPR) initiated by Mylan Pharmaceuticals Inc. — falls outside the time limits proscribed in federal patent law, Novo Nordisk A/S tells the Patent Trial and Appeal Board.
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January 30, 2024
Halliburton Defends Patent Board’s Anticipation, Obviousness Determinations
WASHINGTON, D.C. — Substantial evidence supports a final written decision (FWD) by the Patent Trial and Appeal Board that technology directed to the automation of hydraulic fracturing processes is unpatentable, Halliburton Energy Systems Inc. maintains in a recent appellee brief filed with the Federal Circuit U.S. Court of Appeals.
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January 29, 2024
Honeywell Wins Mandamus Relief; Panel Orders Transfer Of Patent Case
WASHINGTON, D.C. — Because several factors favor a North Carolina venue for allegations that Honeywell International Inc. infringed patented radio frequency identification (RFID) technology while “nothing of significance” ties the case to Texas, a federal judge there wrongly denied Honeywell’s motion to transfer, the Federal Circuit U.S. Court of Appeals ruled Jan. 26.
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January 26, 2024
Patent Case Over YouTube Live Streaming Features Tossed In Washington
SEATTLE — Google LLC has secured dismissal with prejudice of allegations that YouTube violates a patent relating to a web conferencing system with “time shifting” capabilities, with a federal judge in Washington concluding Jan. 25 that the claimed technology is ineligible for patenting.
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January 25, 2024
California Federal Judge: No Trial On Intel Patent License Defense, For Now
SAN FRANCISCO — Citing a recent agreement to dismiss two patents from a longstanding row over microchips combined with her earlier summary judgment of noninfringement and/or invalidity of two other patents, a federal judge in California on Jan. 24 denied a bid by Intel Corp. to proceed to trial on an affirmative defense that its use of the patented technology was authorized by a license.
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January 25, 2024
Appeal Of Adverse Ruling In APA Case Against USPTO Heads To Federal Circuit
WASHINGTON, D.C. — A July determination by a District of Columbia federal judge that a nonprofit corporation representing inventors lacks standing to press a lawsuit over the Patent Trial and Appeal Board (PTAB) process for deciding when to institute inter partes review (IPR) and post-grant review (PGR) will proceed before the Federal Circuit U.S. Court of Appeals, the District of Columbia Circuit U.S. Court of Appeals ruled.
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January 24, 2024
2-Pronged Challenge To Folder Sharing, File Requesting Patent Launched
ALEXANDRIA, Va. — In a pair of petitions for inter partes review (IPR), a cloud storage company seeks cancellation by the Patent Trial and Appeal Board of a technique for allowing a user to share folders or request that a file be uploaded by a different user.
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January 24, 2024
In Colorado Patent Row, Federal Judge Denies Reconsideration Request
DENVER — Assertions by a patent infringement defendant that an order construing the disputed claim term “sperm cells” in a method patent for producing sex-sorted animal sperm constituted an intervening change in law because it is broader than the construction offered by the Patent Trial and Appeal Board in a related inter partes review (IPR) were rejected Jan. 23 by a federal judge in Colorado.
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January 23, 2024
Panel Upholds Win For BMW, Affirms Patent Board Obviousness Holding
WASHINGTON, D.C. — A patented remote start system that also activates a vehicle’s climate control system and operates the vehicle brake was correctly deemed obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals concluded Jan. 22.
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January 23, 2024
Technology Underlying 3D Pointer Is Obvious, Federal Circuit Affirms
WASHINGTON, D.C. — A final written decision (FWD) by the Patent Trial and Appeal Board canceling various claims of a patented three-dimensional pointing device has been upheld by the Federal Circuit U.S. Court of Appeals, which deemed the board’s findings supported by substantial evidence.