Mealey's Patents
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September 01, 2023
Panel Affirms: Single Claim Of Content Fetching Patent Is Invalid As Indefinite
WASHINGTON, D.C. — A federal judge in Texas did not err in treating an arbitration agreement entered into after a purported settlement of patent infringement litigation valid and enforceable, nor in deeming a single claim of the disputed web content fetching patent indefinite, the Federal Circuit U.S. Court of Appeals has ruled.
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September 01, 2023
In Win For Meta, Panel Upholds Summary Judgment Of Patent Ineligibility
WASHINGTON, D.C. — A federal judge in Texas did not err in declaring that all asserted claims of a method of predicting web visitor “intent” when recommending webpages are ineligible for patenting, the Federal Circuit U.S. Court of Appeals ruled in affirming.
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September 01, 2023
Stanford, Licensee Urge High Court To Review Section 101 Patentability Standard
WASHINGTON, D.C. — In a reply brief supporting their petition for certiorari, the board of trustees of the Leland Stanford Junior University (Stanford) and the licensee of its patents for an organ rejection detection test tell the U.S. Supreme Court that it needs to take a new look at the bar against patents for natural phenomena in Section 101 of the Patent Act and confirm that medical diagnostics methods can be patented.
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August 31, 2023
Patent Board Stands By Refusal To Institute Inter Partes Review
ALEXANDRIA, Va. — A request by Netflix Inc. for rehearing of a May decision by the Patent Trial and Appeal Board that denied the streaming service’s petition for inter partes review (IPR) of an automated browsing patent was denied by a divided board on Aug. 30.
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August 29, 2023
Petitioner Defends Challenge To Synthetic Nicotine Patent, Seeks PTO Director Review
ALEXANDRIA, Va. — In an Aug. 28 request for rehearing by the director of the U.S. Patent and Trademark Office of a denial one month earlier by the Patent Trial and Appeal Board of inter partes review (IPR) of a synthetic nicotine patent, a petitioner says the board should have applied an “obvious to try” standard in its assessment of a motivation to combine various prior art.
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August 29, 2023
In New Appeal, Google Says Some Patent Limitations Wrongly Held Nonobvious
WASHINGTON, D.C. — Although the Patent Trial and Appeal Board “got things mostly right” in an inter partes review (IPR) of two database patents, it erred in “two important respects,” Google LLC maintains in an appellant brief filed with the Federal Circuit U.S. Court of Appeals.
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August 28, 2023
D.C. Circuit: Grant Of Exclusive Patent License Not Anticompetitive
WASHINGTON, D.C. — A panel of the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 25 that allegations by Federal Trade Commission drugmakers violated antitrust law by the terms of a 2017 settlement in a breach of contract action fail to state a claim.
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August 28, 2023
Patent Owner To Board: Netflix ‘Misapprehends’ Federal Circuit Decision
ALEXANDRIA, Va. — Contrary to the assertions made by Netflix Inc., an April 2023 remand by the Federal Circuit U.S. Court of Appeals did not resolve factual questions about limitations in a patented method of decoding encrypted content in its favor, the patent owner maintains in an Aug. 25 response brief to the Patent Trial and Appeal Board.
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August 25, 2023
Appellant: Patent Declared Anticipated, Obvious On Manufactured Grounds
WASHINGTON, D.C. — Final written decisions (FWDs) by the Patent Trial and Appeal Board that canceled various claims of two patents are “filled with legal error” and based on theories of anticipation and obviousness “never presented” by a petitioner for inter partes review (IPR), a patent owner tells the Federal Circuit U.S. Court of Appeals.
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August 25, 2023
Volvo Subsidiary Prevails In Appeal Of Adverse Patent Board Review
WASHINGTON, D.C. — The Patent Trial and Appeal Board must revisit its decision that canceled all claims of a patented boat engine as obvious, the Federal Circuit U.S. Court of Appeals said Aug. 24, in a win for a Volvo Group subsidiary that specializes in industrial and marine applications.
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August 23, 2023
Sun Bid For Reversal Of Patent Obviousness Holding Fails On Appeal
WASHINGTON, D.C. — A patented treatment for myelofibrosis with the potential to treat other health conditions, including alopecia areata, was correctly declared obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals said Aug. 22.
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August 22, 2023
Texas Federal Magistrate Judge Denies Samsung Bid To Stay Patent Case
MARSHALL, Texas, — Allegations that Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) infringed four patents relating to forced message alerts over a communication network will proceed despite an ongoing investigation by the International Trade Commission, a federal magistrate judge in Texas ruled Aug. 21.
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August 22, 2023
Patent Owner: BMW Petition For Review ‘Weak On The Merits’
ALEXANDRIA, Va. — A request by BMW of North America LLC for inter partes review (IPR) of a patent directed to an object vector indicator (OVI) should be denied, the patent owner told the Patent Trial and Appeal Board on Aug. 21, both because the petition is unlikely to succeed and because the automaker has already filed suit in Texas federal court seeking a declaration of noninfringement.
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August 21, 2023
Patent Covering Design Data Transfer Is Ineligible, Federal Circuit Affirms
WASHINGTON, D.C. — A federal judge in Delaware correctly declared a patent directed to the automatic transfer of design data in a computer-aided design (CAD) model to a machine that manufactures the object depicted ineligible for patenting, the Federal Circuit U.S. Court of Appeals ruled Aug. 21.
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August 21, 2023
Lawsuit Over PTO Response To FOIA Requests Dismissed In D.C.
WASHINGTON, D.C. — A District of Columbia federal judge has dismissed a patent owner’s challenge to the withholding of records by the U.S. Patent and Trademark Office (PTO) with regard to the Patent Trial and Appeal Board’s practice of using expanded panels during certain board proceedings.
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August 21, 2023
Delaware Federal Judge Rejects Challenge To Validity Of Epilepsy Drug
WILMINGTON, Del — An abbreviated new drug application (ANDA) to manufacture and market a generic version of the anti-seizure medication “Briviact” would infringe a single claim of a patent directed to the drug’s active ingredient, an analogue of the compound levetiracetam, a federal judge in Delaware has concluded after a bench trial.
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August 18, 2023
Mandamus Denied In Dispute Over Patented Fire Alarm Technology
WASHINGTON, D.C. — A decision by a federal judge in Texas denying a motion to transfer patent infringement litigation to the Northern District of Illinois will stand in light of an Aug. 17 denial of mandamus by the Federal Circuit U.S. Court of Appeals.
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August 17, 2023
Medical Firms Urge High Court To Reject Petition Over Section 101 Patentability
WASHINGTON, D.C. — Arguing that the Federal Circuit U.S. Court of Appeals correctly found that three organ rejection detection patents pertain to natural phenomena that are unprotectable under Section 101 of the Patent Act, a DNA testing firm and a drug development solutions company filed briefs opposing a petition for certiorari seeking clarification of the statute’s scope.
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August 17, 2023
Divided Panel Upholds Patent Board In Dispute Over Cancer Treatment
WASHINGTON, D.C. — A majority of the Federal Circuit U.S. Court of Appeals on Aug. 16 confirmed findings by the Patent Trial and Appeal Board that a patented prostate cancer treatment involving the placement of filler between tissue being targeted by radiation therapy and other, nearby tissue was anticipated by prior art.
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August 16, 2023
Apple Correctly Cleared Of Patent Infringement Claims, Federal Circuit Says
WASHINGTON, D.C. — A patent owner’s appeal of a summary judgment in favor of Apple Inc. was unsuccessful when the Federal Circuit U.S. Court of Appeals deemed noninfringing various accused Bluetooth-compliant devices.
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August 16, 2023
ZTE: Patent Board Applied Wrong Standard For Anticipation
WASHINGTON, D.C. — A new appeal to the Federal Circuit U.S. Court of Appeals accuses the Patent Trial and Appeal Board of dividing the “single, unitary anticipation standard into two standards applicable to different anticipation theories” in upholding as patentable various claims of a data synchronization method.
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August 15, 2023
In Mudflap Patent Row, Panel Affirms Michigan Federal Judge In Full
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals said Aug. 15 that a federal judge in Michigan did not abuse his discretion in denying a patent owner’s request for injunctive relief, ruling that although the appellant suffered an injury from the sale of an infringing product, “that injury was not one of irreparable harm.”
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August 15, 2023
DISH Network Fails To Persuade Patent Board To Institute Review
ALEXANDRIA, Va. — A petition for inter partes review (IPR) of a satellite patent is unlikely to prevail with regard to at least one challenged claim, the Patent Trial and Appeal Board ruled.
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August 11, 2023
Owner Of HVAC Control Patent Defends Technology In Brief To Federal Circuit
WASHINGTON, D.C. — A patent owner has urged the Federal Circuit to uphold findings by the Patent Trial and Appeal Board that 11 claims of a thermostatic HVAC control system patent are nonobvious, while also asserting that 17 other patent claims were wrongly canceled.
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August 11, 2023
Patent Board Must Revisit Rejected Application, Federal Circuit Says
WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that upheld an examiner’s rejection of an application to patent a way of improving cholesterol efflux activity was vacated Aug. 10 by the Federal Circuit U.S. Court of Appeals.