Mealey's Patents

  • May 07, 2024

    PTO Persuades Panel To Remand IFIT Appeal To Trademark Board

    WASHINGTON, D.C. — Over the objection of appellant iFIT Inc., the Federal Circuit U.S. Court of Appeals has remanded the fitness company’s appeal of its failed bid to block an application to register the “I-FIT FLEX” trademark in view of a concession by the U.S. Patent and Trademark Office (PTO) that the Trademark Trial and Appeal Board’s ruling was light on factual support, which the agency said could hamper appellate review.

  • May 06, 2024

    Amazon Patent Evaluation Submission Is Purposeful Direction, Panel Says

    WASHINGTON, D.C. — The initiation of an evaluation under the Amazon Patent Evaluation Express (APEX) system — which triggers the potential removal of an allegedly infringing product listing from if a seller fails to respond — constitutes a purposeful direction of activities at the seller’s forum state sufficient to confer specific personal jurisdiction, the Federal Circuit U.S. Court of Appeals has ruled. 

  • May 06, 2024

    Printed Matter Doctrine Wrongly Applied By Board, Federal Circuit Says

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 3 upheld a determination by the Patent Trial and Appeal Board that the vast majority of challenged claims in three patents directed to a tunneling client access point are unpatentable but said six claims in two of those same patents were wrongly deemed anticipated, following the board’s erroneous application of the printed matter doctrine.

  • May 06, 2024

    Federal Circuit Finds No Error By Board In Patent Claim Construction

    WASHINGTON, D.C. — Final written decisions (FWDs) by the Patent Trial and Appeal Board that declared four packet monitor patents obvious will stand, the Federal Circuit U.S. Court of Appeals has ruled, rejecting claims by the patent owner that the board construed a disputed claim term too broadly.

  • May 03, 2024

    Maker Of Muscular Dystrophy Drug Found Liable For Patent Infringement

    WILMINGTON, Del. — Rejection by a federal judge in Delaware of allegations that the phrase “in which uracil bases are thymine bases” is indefinite has yielded a summary judgment by a different federal judge in Delaware in favor of a patent owner on the question of infringement.

  • May 03, 2024

    With Patents Confirmed Obvious, Panel Vacates Texas Damage Award

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 2 said its affirmance the same day of findings by the Patent Trial and Appeal Board that three patents are invalid has an issue preclusive effect on a separate appeal of an amended final judgment by a Texas federal judge who, on remand, recalculated damages for infringement of the same patents.

  • May 01, 2024

    PTO Grants Reexam Of 4th AI Patent; Delaware Infringement Case Stayed

    ALEXANDRIA, Va. — In an office action, the U.S. Patent and Trademark Office (PTO) said it will reexamine a patent directed to a method of dental arch image analysis that relies on artificial intelligence on the heels of other reexaminations and an inter partes review (IPR) it has recently initiated of three patents from the same family, which led to a stay of related infringement litigation in Delaware federal court.

  • May 01, 2024

    Panel: Texas Federal Judge Wrongly Found Standing Lacking In Patent Row

    WASHINGTON, D.C. — Allegations that a radio frequency identification (RFID)-related patent was infringed were revived May 1 by the Federal Circuit U.S. Court of Appeals, which found that contrary to the conclusion reached by a federal judge in Texas, a creditor’s “unexercised” right to license a patent does not deprive a patentee of its right to exclude.

  • April 29, 2024

    Infringement Judgment Will Stand, But Redo On Validity Ordered By Panel

    WASHINGTON, D.C. — Although a divided Federal Circuit U.S. Court of Appeals panel on April 29 said it found no genuine dispute that an appellant literally infringed a patented panoramic viewing system, it said evidence of obviousness presented to a California federal judge should have precluded summary judgment in favor of the patent owner on the question of validity.

  • April 29, 2024

    Abiomed: ‘Revolutionary’ Heart Pump Rightly Cleared In Infringement Action

    WASHINGTON, D.C. — A federal judge in Massachusetts did not err in rejecting on summary judgment allegations that five patents are infringed by “Impella” heart pump product line, Abiomed Inc. tells the Federal Circuit U.S. Court of Appeals in an April 26 appellee brief.

  • April 26, 2024

    Board Breathes New Life Into Halliburton Effort To Patent Charge Liner

    ALEXANDRIA, Va. — Although rejecting a position advanced by Halliburton Energy Services Inc. that an examiner erred in conducting an appeal conference with an unqualified conferee, the Patent Trial and Appeal Board on April 26 found examiner error in a rejection of all 25 claims of Halliburton’s application to patent a liner used in shaped charges.

  • April 26, 2024

    Patent Owner’s Post-Trial Motion Denied In Full By Delaware Federal Judge

    WILMINGTON, Del. — A bid by the owner of a pipe coupling patent declared not infringed by a Delaware federal jury to undo the verdict and a pretrial ruling that eliminated two other patents from the case failed April 25.

  • April 25, 2024

    Contract, Patent Case In Massachusetts Stayed In Favor Of Inter Partes Review

    BOSTON — A recent decision by the Patent Trial and Appeal Board to institute inter partes review (IPR) of a patented method for allocating employee gratuities led a federal judge in Massachusetts on April 24 to stay litigation there, in a case that also involves allegations that the IPR petitioner breached two nondisclosure agreements.

  • April 25, 2024

    Parties Spar Over Motivation To Combine References At Patent Board Hearing

    ALEXANDRIA, Va. — In a dispute over an oft-litigated patent that allows users not only to track a vehicle but also to control, remotely, various vehicle functions, the Patent Trial and Appeal Board on April 24 heard oral arguments that focused primarily on a motivation to combine two prior art references and the patent owner’s secondary considerations of nonobviousness.

  • April 23, 2024

    Challenge By Meta To Eligibility Of Object Detection Patent Fails

    WILMINGTON, Del. — A partial motion to dismiss by Meta Platforms Inc. was granted in part on April 22 by a visiting judge in Delaware federal court, who said that although one of the two patents being challenged by the social media giant is ineligible for patenting, allegations that Meta infringed the other patent will proceed.

  • April 23, 2024

    Briefing Complete In Row Over Digital Imaging Patents Declared Ineligible

    WASHINGTON, D.C. — An appellee brief by Google LLC “incorrectly diminishes” the role of a patent specification in “providing guidance” on whether the claims of the patent “recite a computing improvement” and in so doing “manufactures its own facts as a substitute,” the owner of four invalidated digital image processing patents tells the Federal Circuit U.S. Court of Appeals in an April 22 reply brief.

  • April 22, 2024

    Rejecting Recommendation, Delaware Federal Judge Deems Patent Ineligible

    WILMINGTON, Del. — An objection to a February report and recommendation by a federal magistrate judge was sustained April 19 by a Delaware federal judge, who agreed with a defendant that the patent it stands accused of infringing recites the abstract idea of “communicating identification information using an image” and lacks sufficient inventiveness at step two of the eligibility inquiry.

  • April 22, 2024

    Vanda Bid For Clarification On Obviousness Standard Turned Away By High Court

    WASHINGTON, D.C. — The U.S. Supreme Court on April 22 denied a petition for a writ of certiorari by Vanda Pharmaceuticals Inc., which sought to undo findings that four patents relating to the use of tasimelteon to treat the sleep-wake disorder known as “non-24” would have been obvious to a person of skill in the art (POSITA).

  • April 19, 2024

    Aptiv Says Patent Was ‘Designed To Resolve’ Deficiencies In Cited Art

    ALEXANDRIA, Va. — Global technology company Aptiv Technologies AG is defending its patented module, used in Apple CarPlay and Android Auto, which allows a mobile device to connect to an automotive system having a Universal Serial Bus (USB) hub, urging the Patent Trial and Appeal Board on April 18 to deny a petition for inter partes review (IPR).

  • April 19, 2024

    California Federal Judge Limits Damages, Patents In Aprisa Patent Litigation

    SAN FRANCISCO — Siemens Industry Software Inc. has secured a finding that it did not infringe one of two patents asserted against it by a rival, as well as a determination that failure by the patent owner to mark its products and present evidence of foreign sales will limit the reasonable royalty calculation at an upcoming trial over the “Aprisa” place-and-route platform.

  • April 19, 2024

    Patent Row Over Coca-Cola ‘Freestyle’ Dispenser Back At Federal Circuit

    WASHINGTON, D.C. — The owner of a patented beverage dispensing system that saw its infringement case against Coca-Cola Co. reinstated by the Federal Circuit U.S. Court of Appeals in May 2020 is again seeking appellate review, this time of what it calls a “frankly disturbing” summary judgment ruling by a Georgia federal judge on remand.

  • April 18, 2024

    Natera Method For Genetic Mutation Analysis Should Be Canceled, Petitioner Says

    ALEXANDRIA, Va. — Despite recognition that three steps outlined in a Natera Inc. patent for analyzing mutations in cell-free DNA were not new on their own or in combination, a patent examiner wrongly allowed the claims based on two amendments that would also be obvious to a person skilled in the art (POSA), a petitioner for inter partes review (IPR) maintains in an April 17 filing with the Patent Trial and Appeal Board.

  • April 17, 2024

    2 Claims Of 2 Fortinet Patents Declared Ineligible By California Federal Judge

    SAN FRANCISCO — A defendant won partial judgment on the pleadings on April 16 when a California federal judge agreed that two claims of two Fortinet cybersecurity patents recite the abstract ideas of disabling security for trusted communication and performing tasks in a sequential order, while both lack sufficient inventiveness to be considered patent eligible.

  • April 17, 2024

    Toyota: Automobile User Profiles Were Already Taught By Prior Art

    ALEXANDRIA, Va. — A petition for inter partes review (IPR) by Toyota Motor Corp. takes aim at a patent that purportedly was the first to teach setting and transferring a user profile, including preferred radio, seat and temperature settings, to a “compatible” vehicle.

  • April 15, 2024

    Corrected Judgment Entered After $525M Awarded In Patent Case

    CHICAGO — A federal judge in Illinois on April 12 entered a corrected judgment two days after jurors awarded a plaintiff $525 million in damages for infringement by Amazon Web Services Inc. of three information storage and retrieval patents.

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