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

Mealey's Patents

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.
July 30, 2024
Patent And Trademark Director Says PTAB Erred In Focusing On Patent Discrepancy

WASHINGTON, D.C. — A Patent Trial and Appeal Board (PTAB) panel erred in denying institution of inter partes review of patent claims describing an optical system for collecting distance information because the panel focused too heavily on a typographical erred in a cited prior patent that had no bearing on the claims at issue, the director of the U.S. Patent and Trademark Office found in vacating the panel’s decision under director review.
July 30, 2024
PTAB Disagrees With Inventors, Finds That Pet Treat Holder Claims Were Obvious

WASHINGTON — A patent examiner did not err in rejecting patent claims that disclose a pet treat holder as obvious because an artisan of ordinary skill could create the pet treat holder by combining prior art, a Patent Trial and Appeal Board panel found in affirming the examiner’s findings.
July 29, 2024
Wis. Federal Judge Declines To Set Aside Entry Of Default In Boat Seat Patent Row

MADISON, Wis. — A company that failed to respond to claims of infringement arising from boat seat design patents failed to show that there was good cause for its default, that it took quick action to correct the default or that it has meritorious defenses to the claims, a Wisconsin federal judge found in denying the company’s motion to set aside the entry of default.
July 26, 2024
Evidence Supports Verdict That Can Patents Were Anticipated, Federal Circuit Says

WASHINGTON, D.C. — A federal trial court did not err in denying a motion for a judgment as a matter of law (JMOL) because substantial evidence supported a jury’s finding that beverage can patents were anticipated by a previous patent, a Federal Circuit U.S. Court of Appeals panel found July 25 in affirming the trial court’s judgment.
July 25, 2024
PTAB Panel Says Claims For Monoclonal Antibody Implant Were Not Obvious

WASHINGTON, D.C. — A patent examiner failed to show that claims for an implant that releases a monoclonal antibody tissue to treat macular degeneration were obvious in light of prior art because the examiner failed to show that a combination of the prior art would result in the same type of continuous release describes by the patent claims at issue, a Patent Trial and Appeal Board (PTAB) panel found July 24.
July 25, 2024
Federal Circuit: PTAB Did Not Err In Crediting 1 Expert’s Testimony Over Another

WASHINGTON, D.C. — In a dispute over two virtual network patents, the Patent Trial and Appeal Board (PTAB) did not err in crediting the testimony of one expert over another when it found, in two final written decisions, that the patents at issue were not obvious in light of prior art, a Federal Circuit U.S. Court of Appeals panel found in affirming the decisions on July 24.
July 24, 2024
Majority Of UGG Patent And Trade Dress Claims Will Continue In N.Y. Federal Court

NEW YORK — The designer of UGG brand footwear successfully pleaded the majority of its claims against a rival company that is allegedly infringing upon its design patents and trade dress, a New York federal judge found in partly granting the rival companies’ motion to dismiss for failure to state a claim.
July 23, 2024
Tech Giants Can’t Convince Federal Circuit To Reverse PTAB Touch-Screen Decisions

WASHINGTON, D.C. — In two separate opinions, the Federal Circuit U.S. Court of Appeals found that the Patent Trial and Appeal Board (PTAB) did not err in ruling that patent infringement claims arising from touch-sensitive user interfaces and brought against Samsung, Apple and Google were not obvious in light of various prior art.
July 23, 2024
Federal Circuit Says Patent Appeals Are Moot In Light Of District Court Order

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel found that two appeals regarding wireless earphone patents are moot because the assignee of the patents failed to appeal a federal trial court order holding that the patent claims at issue were invalid in a separate case.
July 19, 2024
In Dispute Over Memory Chip Patents, Calif. Federal Judge Dismisses Counterclaims

SAN FRANCISCO — A manufacturer of flash memory chips failed to properly allege its counterclaims of direct and induced patent infringement against a rival chip maker because it failed to include sufficient factual allegations to support the claims, a California federal judge found in granting the rival’s motion to dismiss the counterclaims.
July 18, 2024
Inventor Fails To Persuade PTAB Panel That Liquid Cleaning Method Is Not Obvious

WASHINGTON, D.C. — A patent examiner did not err in finding that a method for cleaning comestible liquids using electricity was obvious in light of prior art because the inventor of the method failed to show that the prior art was not analogous, a Patent Trial and Appeal Board (PTAB) panel found in affirming the examiner’s findings on July 17.
July 18, 2024
District Court Has Authority To Investigate Party Misconduct In Patent Cases

WASHINGTON, D.C. — A federal trial court did not err in ordering a woman to appear at an in-person hearing and holding her in civil contempt after she failed to do so because the court has inherent authority to investigate litigation misconduct allegedly carried out by the woman, the companies she manages and her attorneys in numerous patent infringement cases, a Federal Circuit U.S. Court of Appeals panel found in affirming the trial court’s judgment.
July 17, 2024
Federal Circuit Affirms Summary Judgment Order In Medical Device Patent Row

WASHINGTON, D.C. — Summary judgment was appropriately granted in a patent infringement dispute over a medical device used for hemodialysis because the patent owner failed to present factual evidence from which a reasonable juror could have found that the product in question infringed upon the patent, a Federal Circuit U.S. Court of Appeals panel found July 16.
July 16, 2024
PTAB Panel Reverses Examiner’s Rejection Of Robot Gripping Method

WASHINGTON, D.C. — A patent examiner erred in rejecting patent claims for a method of optimizing an automated process used to allow robots to grip objects from a conveyor belt because the references cited by the examiner failed to identify two specific elements of the method, a Patent Trial and Appeal Board panel found in reversing the examiner’s findings on July 15.
July 15, 2024
Federal Circuit Affirms PTAB’s Obviousness Finding In Dispute Over Agricultural Patent

WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) did not err in finding that a patent for counteracting certain biological processes in plants was obvious because it adequately showed that all aspects of the patent were disclosed in prior art, a Federal Circuit U.S. Court of Appeals panel found July 12 in affirming the PTAB’s final written decision.
July 15, 2024
In Stem Cell Patent Dispute, More Facts Needed About Medical-Practitioner Immunity

FORT WORTH, Texas — The operator of two medical clinics where adipose-deprived stem cell therapies are performed is not entitled to medical-practitioner immunity from patent infringement claims at this stage because multiple questions of facts and law must be determined before such a determination can be made, a Texas federal judge found in denying the operator’s motion to dismiss.
July 12, 2024
Developer Of Pokémon Go Gets Summary Judgment In Augmented-Reality Patent Case

SAN FRANCISCO — The developer of Pokémon Go and another augmented-reality (AR) video game is entitled to summary judgment on claims of patent infringement brought against it by the owner of an AR patent because the patent claims are not patent eligible, a California federal judge found in granting the developer’s motion for summary judgment.
July 12, 2024
Pesticide Manufacturer Fails To Get Restraining Order Or Injunction In Patent Case

PHILADELPHIA — A pesticide manufacturer is not entitled to a temporary restraining order or a preliminary injunction because it failed to show that it is likely to succeed on the patent infringement claims it brought against a competitor, a Pennsylvania federal judge found in denying the manufacturer’s request for injunctive relief.
July 11, 2024
Patent Claims For Fibromyalgia Treatment Method Were Not Obvious, PTAB Panel Says

WASHINGTON, D.C. — A patent examiner erred in rejecting as obvious a patent application for a fibromyalgia treatment that uses an antihistamine because the examiner failed to show that the referenced prior arts taught that the disease is induced by histamine, a Patent Trial and Appeal Board (PATB) panel found in reversing the examiner’s rejection.
July 10, 2024
Maker Of Body-Contouring Devices Gets Default Judgment In Patent And Trademark Row

NEW YORK — The manufacturer of body-contouring machines is entitled to default judgment and damages on its claims of patent infringement, trademark infringement and unfair competition brought against a salon that advertises nearly identical machines because it properly alleged and substantiated its claims, a New York federal judge found in granting the manufacturer’s motion for default judgment.
July 10, 2024
Patent Examiner Failed To Show Prior Arts Taught Or Suggested Wind Energy System

WASHINGTON, D.C. — A patent examiner erred in rejected a patent application for a wind energy system that connects wind turbines to a cable network that transmits power generated by the wind turbines because the examiner failed to show how prior arts taught or suggested the specific system, a Patent Trial and Appeal Board panel found in reversing the examiner’s rejection.
July 09, 2024
In Financial Patent Dispute, N.J. Federal Judge Issues Claim Construction Order

TRENTON, N.J. — A New Jersey federal judge constructed the meaning of six patent terms in a dispute over whether a financial services company’s website infringed two patents that disclose a method for online currency transactions.
July 08, 2024
Electronic Document Signature Is Not A Patentable Idea, Federal Circuit Rules

WASHINGTON, D.C. — A federal trial court did not err in finding that a system and method for embedding a written signature into a secure electronic document is unpatentable because the idea is directed to an abstract idea and fails to contain and inventive concept, a Federal Circuit U.S. Court of Appeals panel found in affirming the trial court’s judgment.
July 01, 2024
COMMENTARY: Non-Competes No More? What Businesses Should Do To Protect Trade Secrets And Confidential Information Now

By Geri Haight and Danielle Bereznay