Mealey's Patents

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.”

  • 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.

  • 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.

  • 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.”

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 22, 2024

    Pixel Shifting Method Is Ineligible For Patenting, Federal Circuit Affirms

    WASHINGTON, D.C. — Allegations of infringement leveled against the maker of an app that allows users to animate pixels were correctly rejected by a federal judge in Texas because “changing the position of components in an image to create the appearance of movement, i.e., animation” is “clearly an abstract idea,” the Federal Circuit U.S. Court of Appeals ruled Jan. 22.

  • January 18, 2024

    Inventor Tells High Court ‘Expert’ Was Not Person Of Ordinary Skill In The Art

    WASHINGTON, D.C. — In a reply brief supporting her petition for certiorari, an inventor counters the respondent’s suggestion that she failed to raise any issues of law that would merit review by the U.S. Supreme Court, asserting that she sufficiently alleged that the Federal Circuit U.S. Court of Appeals erred “by declaring a non-expert as a” person of ordinary skill in the art (POSITA) “and by relying on his unsupported testimony” in affirming a judgment by the Patent Trial and Appeal Board (PTAB) that invalidated her ventilator technology patent.

  • January 17, 2024

    High Court Told ‘Chaos’ Will Ensue ‘In A World Without Chevron’ Deference

    WASHINGTON, D.C. — The U.S. Supreme Court was told Jan. 17 that “chaos” will ensue “in a world without Chevron” deference by government attorneys, who urged it to apply stare decisis and uphold Chevron, which is being challenged in two cases arising out of federal fishing regulations.

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