Mealey's Patents

  • June 19, 2024

    Federal Circuit: Injunction Over Trade Secrets Was Not Given Proper Analysis

    WASHINGTON, D.C. — A federal trial court abused its discretion in granting a preliminary injunction to a company that alleges that one of its competitors used trade secrets in developing an insulin patch because the trial court did not properly consider relevant factors such as the applicable statute of limitations and the proper definition of a trade secret, a Federal Circuit U.S. Court of Appeals found in reversing the trial court’s judgment.

  • June 19, 2024

    Federal Circuit: PTAB Used Wrong Construction In Dispute Over Control Devices

    WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) used an erroneous claim construction in rejecting an obviousness challenge filed by television manufacturer Roku Inc., which was sued for allegedly infringing upon a patent for enhanced appliance control methods, the Federal Circuit U.S. Court of Appeals found June 18 in vacating PTAB’s final written decision (FWD).

  • June 18, 2024

    Judgment Requiring Inhaler Patents To Be Delisted Stayed For 30 Days

    TRENTON, N.J. — While stopping short of granting a request to stay his recent order that a drugmaker must delist five patents from the U.S. Food and Drug Administration’s “Orange Book” pending resolution of an appeal, a federal judge in New Jersey has agreed to put the judgment on hold for 30 days.

  • June 18, 2024

    Federal Circuit Judge Stands By Nonobviousness Holding In Drug Dispute

    WILMINGTON, Del. — A Federal Circuit U.S. Court of Appeals judge, visiting in the U.S. District Court for the District of Delaware, said that a recent decision by a panel of his court that reversed and remanded findings that a patented schizophrenia drug is nonobvious won’t prompt him to revisit his own findings in a separate case that confirmed the same formulation as patentable.

  • June 18, 2024

    Counterclaims Tossed In California Patent Row Over Chipmaking Robots

    SAN FRANCISCO — An automation company accused of infringing five reissue patents for chipmaking robots saw its counterclaim for inequitable conduct dismissed, with a federal judge in California rejecting arguments that during patent prosecution an industry standard was purposely withheld from the examiner when the same standard is identified in the specification of the parent patent.

  • June 18, 2024

    Federal Circuit Denies 2 Petitions For Rehearing In Antibiotic Patent Case

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals denied two petitions for rehearing of its decision affirming a Delaware federal judge’s final judgment directing the U.S. Food and Drug Administration to delay approval of generic rifaximin until three patents covering the antibiotic Xifaxan expire.

  • June 17, 2024

    Patent Covering Above-Ground Pool Frame Joint Singled Out For Review

    ALEXANDRIA, Va. — In a June 15 request for post-grant review (PGR), a petitioner says that a patentee’s own above-ground-pool (AGP), sold since 2007, renders various claims of a recently-issued pool frame joint patent obvious, as well as that other claims of the same patent are cancellable as indefinite.

  • June 13, 2024

    Magistrate Judge Denies Bid To Seal Financial Data In Patent, Trademark Row

    NEW YORK — A letter request to redact “the factual basis” for a request for damages by a patent and trademark infringement plaintiff against defaulting infringement defendants has been rejected by a federal magistrate judge in New York.

  • June 13, 2024

    Amazon Did Not Infringe Upon Mermaid Sleeping Bag Patents, Magistrate Judge Says

    SEATTLE — Amazon did not infringe upon three design patents for a mermaid sleeping bag by selling 37 different mermaid-shaped blankets and sleeping bags because an ordinary observer would not believe that the products were the same, a Washington federal magistrate judge found in granting Amazon’s motion to dismiss patent infringement claims brought against it by the patent holder.

  • June 12, 2024

    Board Enters Adverse Judgment Following Patent Owner Disclaimer

    ALEXANDRIA, Va. — The Patent Trial and Appeal Board on June 11 denied a request to discretionarily terminate an inter partes review (IPR) without addressing allegations that petitioner BMW of North America LLC failed to follow through on a promise to drop the proceedings, purportedly causing a patent owner to miss the deadline to file its response.

  • June 12, 2024

    Panel Reinstates Trade Secret Liability Verdict, Affirms Denial Of Fees

    WASHINGTON, D.C. — Allegations of patent infringement voluntarily dismissed midtrial and copyright infringement on the eve of trial were not so devoid of merit as to justify an award of attorney fees in favor of a defendant medical equipment company, the Federal Circuit U.S. Court of Appeals affirmed June 11.

  • June 11, 2024

    Board: R.J. Reynolds’ Application For Cigarette Patent Properly Rejected

    ALEXANDRIA, Va. — Two prior art patents dating to the mid-1990s and assigned to R.J. Reynolds Tobacco Co. (RJR) have doomed the tobacco titan’s latest effort to patent a “smoking article,” with the Patent Trial and Appeal Board on June 10 upholding an examiner’s rejection of 20 claims on grounds of obviousness.

  • June 11, 2024

    New Jersey Federal Judge: Teva ‘ProAir’ Patents Improperly Listed

    TRENTON, N.J. — Five patents listed by Teva Pharmaceuticals Inc. with the U.S. Food and Drug Administration in connection with a new drug application (NDA) for ProAir HFA (albuterol sulfate) Inhalation Aerosol do not cover albuterol sulfate, a federal judge in New Jersey found June 10, granting judgment on delisting counterclaims by Amneal Pharmaceuticals Inc. and others, which were backed by the U.S. Federal Trade Commission as amicus curiae.

  • June 11, 2024

    Biotech Companies Agree To Dismiss Appeals Over DNA Sequencing Patents

    WASHINGTON, D.C. — In orders issued June 10, the Federal Circuit U.S. Court of Appeals granted voluntary dismissal in two appeals of final written decisions (FWDs) by the Patent Trial and Appeal Board where Guardant Health Inc. prevailed.

  • June 11, 2024

    Divided Panel Rebuffs Google In Appeal Of Texas Patent Verdict

    WASHINGTON, D.C. — Findings by a jury empaneled in a Texas federal court that Google LLC infringed smart thermostat technology to the tune of $20 million in damages owed to a patent owner will not be disturbed, a majority panel of the Federal Circuit U.S. Court of Appeals has ruled.

  • June 05, 2024

    U.S. High Court Extends Response Deadline In Review Of 9th Circuit FCA Suit Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on June 3 granted a 30-day extension for the qui tam plaintiff in a district court decision to respond to pharmaceutical companies’ petition seeking review of the Ninth Circuit U.S. Court of Appeals’ reversal of a district court’s dismissal of a suit accusing them violating the False Claims Act (FCA) by artificially inflating drug prices, arguing in part that the Ninth Circuit “created a circuit split by holding that a relator can avoid the public disclosure bar by ‘stitching together’ public disclosures.”

  • June 03, 2024

    Patent, Trade Dress Row Over Vape Design Will Proceed Without Injunction

    CHICAGO — A federal judge in Illinois overseeing a dispute between competing vape makers has rejected as premature a motion to dismiss counterclaims of design patent and trade dress infringement as well as a motion by the counterclaimant for a preliminary injunction.

  • May 31, 2024

    Micron Defends Idaho Anti-Patent Troll Law As ‘Constitutionally Sound’

    WASHINGTON, D.C. — In an appellee brief in the Federal Circuit U.S. Court of Appeals, Micron Technology Inc. pushes back on arguments by two appellants that an Idaho statute intended to deter bad faith patent infringement litigation, or patent trolling, is “arguably the most extreme” such law in the country as well as an “egregious” example of preemption.

  • May 31, 2024

    Motorola: Board Analysis Of Motivation To Combine References Was Faulty

    WASHINGTON, D.C. — A final written decision (FWD) by the Patent Trial and Appeal Board in an inter partes review (IPR) of a lens assembly patent must be vacated, Motorola Mobility LLC argues on appeal, because the board “largely misidentified” an asserted combination of prior art references.

  • May 31, 2024

    Netflix Motion To Join Litigation Fund Manager To Failed Patent Case Denied

    SAN FRANCISCO — Netflix Inc. was dealt dual blows by a federal judge in California, who denied the streaming service’s motion for an order to show cause, as well as its unopposed request to join a litigation fund manager to the case, in connection with a Netflix counterclaim for violations of state law against a former patent infringement plaintiff.

  • May 31, 2024

    Terminal Disclaimer By Patentee Yields Partial Dismissal In Oklahoma

    OKLAHOMA CITY — Litigation over wireless control and distribution technology will proceed with two fewer patents, following voluntary dismissal of one patent from the case and findings by an Oklahoma federal judge that another patent was rendered unenforceable by representations of common ownership in a terminal disclaimer.

  • May 31, 2024

    Federal Circuit Agrees: Charge-Back Patents Lack Inventive Concept

    WASHINGTON, D.C. — A panel of the Federal Circuit U.S. Court of Appeals upheld findings by a federal judge in Georgia that five patents “essentially” cover the abstract idea of underwriting, rejecting the patent owner’s position at recent oral arguments that the “unconventional data flow” recited in the claims is sufficiently inventive to overcome a patent eligibility challenge.

  • May 30, 2024

    Petitioner Seeks PTO Director Review Of Split Decision By Patent Board

    ALEXANDRIA, Va. — A recent denial of institution of inter partes review (IPR) by a divided Patent Trial and Appeal Board came under fire on May 29, with the petitioner asserting that “the record contains no evidence on which the majority could rationally base its decision.”

  • May 29, 2024

    Hoverboard Design Patent Row Back At Federal Circuit For 2nd Time

    WASHINGTON, D.C. — The decision by a hoverboard maker and its U.S.-based distributor to continue to press design patent infringement litigation despite an earlier appellate ruling that questioned their likelihood of success is evidence of anticompetitive intent, various China-based appellees maintain in a filing with the Federal Circuit U.S. Court of Appeals.

  • May 29, 2024

    Patent Owner Wins More Time To Reply To Novartis Appellee Brief

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 28 granted a patent owner a 14-day extension of its deadline to reply to claims by Novartis Pharmaceuticals Corp. that the doctrine of collateral estoppel bars review of a decision by the Patent Trial and Appeal Board that canceled a patented form of polymorphic fingolimod hydrochloride.

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