Mealey's Patents
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April 10, 2024
Siding With Google, Board Says Ad Insertion Method, System Patent Is Obvious
ALEXANDRIA, Va. — In an April 9 final written decision (FWD), the Patent Trial and Appeal Board declared 13 claims of a patented method and system for inserting advertisements into broadcast content across platforms and devices obvious to a person of skill in the art (POSITA).
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April 09, 2024
Patent Owner: Retractable Arrowhead Blades Not Found In Prior Art
ALEXANDRIA, Va. — A patent owner in a preliminary response filed April 8 with the Patent Trial and Appeal Board accuses a petitioner for inter partes review (IPR) of an arrowhead patent of failing “to understand the structural differences” between a blade member and a barb.
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April 09, 2024
In Patent Row Over Motorized Dumbbell, Fitness Equipment Company Weighs In
WASHINGTON, D.C. — Assertions of novelty by the owner of motorized dumbbell technology declared ineligible for patenting by a Utah federal judge are “contradicted by the claims and specification” of the patent itself, iFIT Inc. says in an April 8 appellee brief filed with the Federal Circuit U.S. Court of Appeals.
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April 08, 2024
Federal Circuit Summarily Affirms Patent Board In Win For Intel Corp.
WASHINGTON, D.C. — A per curiam panel of the Federal Circuit U.S. Court of Appeals on April 8 upheld cancellation by the Patent Trial and Appeal Board of various claims of a VLSI Technology LLC patent directed to power reduction.
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April 08, 2024
Walmart Beats Patent Challenge By BJ’s In Inter Partes Review
ALEXANDRIA, Va. — The Patent Trial and Appeal Board has rejected allegations by BJ’s Wholesale Club Holdings Inc. that a Walmart Apollo LLC patent is taught by the combined teachings of three prior art references.
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April 08, 2024
Cancellation Of Patented Dosing Regimen Vacated, Appeal Declared Moot
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 5 said an appeal of a final written decision (FWD) by the Patent Trial and Appeal Board that declared obvious a patented lurasidone dosing regimen is mooted by the expiration of the patent and representations by counsel that an appellant no longer has an interest in exercising its right to exclude, including by seeking damages for pre-expiration infringement.
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April 05, 2024
Panel: System, Method For Viewing Large Medical Images Is Patent-Ineligible
WASHINGTON, D.C. — In a blow to the creators of a platform that allows medical personnel to view magnetic resonance imaging (MRI) scans and other large-data medical images on computers and devices with low bandwidth, the Federal Circuit U.S. Court of Appeals on April 4 agreed with a federal judge in Delaware that the claimed technology is not eligible for patenting.
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April 04, 2024
Board Violated APA When Canceling Claims, Patent Owner Tells Federal Circuit
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals should set aside a final written decision (FWD) by the Patent Trial and Appeal Board that canceled all challenged claims of an electric power grid management patent because the board relied on a theory of invalidity not explicitly raised by Unified Patents LLC’s petition for inter partes review (IPR), a patent owner says.
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April 04, 2024
Patented Binaural Sound Tech Not Obvious, Owner Argues To Patent Board
ALEXANDRIA, Va. — The prior art relied on by Meta Platforms Inc. in an inter partes review (IPR) instituted in December fails to establish obviousness, the owner of the challenged patent maintains in a response filed April 3 with the Patent Trial and Appeal Board.
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April 03, 2024
Win For Microsoft Preserved By Federal Circuit In Dispute Over 3D Patent
WASHINGTON, D.C. — A final written decision (FWD) by the Patent Trial and Appeal Board that declared obvious various claims of a patented method for viewing three-dimensional (3D) images will stand, the Federal Circuit U.S. Court of Appeals ruled April 3.
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April 03, 2024
Supreme Court Turns Down Another Challenge To Abstractness Standard
WASHINGTON, D.C. — A machine company whose technology was deemed patent-ineligible has become the latest party to fail to persuade the U.S. Supreme Court to revisit its decade-old standard for assessing the abstractness of patent claims.
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April 03, 2024
Accused Of Infringement, Aldi Prevails When Judge Declares Patents Ineligible
CHICAGO — Three patents touted for providing shoppers with the ability to locate branded products in the vicinity via their mobile device recite the abstract idea of collecting, analyzing and displaying information, a federal judge in Illinois has ruled.
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April 02, 2024
New Jersey Federal Judge Must Revisit Schizophrenia Drug Patent Dispute
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 1 remanded a dispute over the validity of a patent directed to an injectable treatment for adult schizophrenia, with the court finding that a New Jersey federal judge’s “misunderstanding of claim scope carried throughout” her obviousness analysis.
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April 02, 2024
Pandora Prevails, Panel Agrees: Asserted Patents Ineligible For Protection
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has upheld a judgment of patent ineligibility entered by a California federal judge, agreeing that all claims of three patents asserted against the music streaming service Pandora Media LLC are directed to “nonpatentable subject matter.”
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March 29, 2024
Panel Orders New Patent Validity Trial, Says Jurors Wrongly Instructed
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has reinstated a dispute over the validity of patented tamper-resistant containers, agreeing with a patent owner that a Massachusetts federal judge gave an erroneous jury instruction on the objective indicia of nonobviousness.
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March 29, 2024
In Dispute Over Patented Medical Device, Panel Upholds Denial Of Relief
WASHINGTON, D.C. — Findings by a federal judge in California that substantial questions surround the validity of a patented heart valve testing device at the center of an infringement action will not be disturbed, the Federal Circuit U.S. Court of Appeals ruled March 28.
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March 29, 2024
Blockchain Technology Correctly Declared Patent-Ineligible, Panel Says
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has upheld a New York federal judge’s determination that a patented “framework” for determining and recording the unique pattern of imperfections on a gemstone to a blockchain recites the abstract idea of gathering and storing data.
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March 28, 2024
Federal Circuit: WesternGeco Framework Controls In Cases With Foreign Damages
WASHINGTON, D.C. — A federal judge in Illinois did not abuse her discretion in denying a patent owner a new damages trial, the Federal Circuit U.S. Court of Appeals ruled March 27, rejecting an appellant’s claim that it was entitled to recover hundreds of millions of dollars, not the $6,610,985 it was awarded, but that its efforts to be awarded a higher amount were thwarted when a defendant refused to elaborate on how it was counting infringements.
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March 27, 2024
Patented Static Seizure Treatment Is Obvious, Petitioner Tells Board
ALEXANDRIA, Va. — A patent owner maintains in a March 26 petition for inter partes review (IPR) that it was the first to disclose, via inherency, a daily dose of ganaxolone for the treatment of status eliepticus (SE), or static seizure, and not a competitor.
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March 25, 2024
In Dispute Over DNA Sequencing ‘Tag’ Technology, Appellants Seek Extension
WASHINGTON, D.C. — A molecular diagnostics company and its subsidiaries deemed liable by a jury for willfully infringing a patented method of preparing nucleic acids say they need more time to reply to a recent cross-appellant brief, in which the patent owners say there is “no support in the record” for the appellants’ “entire argument on appeal” that “a sequencing primer can only be a primer used to read out a sequence.”
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March 25, 2024
Patent Owner Tells Board Fintiv Factors All Support Denying Petition
ALEXANDRIA, Va. — Citing the stage of its Texas federal infringement litigation against a petitioner for inter partes review, the owner of an anti-pestware patent on March 22 urged the Patent Trial and Appeal Board to pass on a newly filed invalidity challenge.
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March 25, 2024
Safe Harbor Ruling In Patent Row Affirmed On Appeal To Federal Circuit
WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals panel on March 25 upheld findings by a California federal judge that an India-based medical device company is immunized from patent infringement liability for its importation of two transcatheter heart valve systems.
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March 22, 2024
On Remand From Federal Circuit, Board Reverses Course, Sides With Netflix
ALEXANDRIA, Va. — The Patent Trial and Appeal Board on March 21 issued a new final written decision (FWD) that canceled eight claims of a patented method of decoding encrypted content, nearly one year after the Federal Circuit U.S. Court of Appeals sent the case back to the agency.
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March 22, 2024
Panel: ‘Skill-Based’ Game Technology Correctly Deemed Patent-Ineligible
WASHINGTON, D.C. — A patent claim directed to an electronic game that is intended to lessen the likelihood of winning by chance and increase the likelihood of winning by skill was correctly deemed ineligible for patenting by a federal judge in Pennsylvania, the Federal Circuit U.S. Court of Appeals ruled March 21.
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March 21, 2024
Board ‘Stripped,’ ‘Ignored’ Key Limitation In Patent Claims, Owner Says
WASHINGTON, D.C. — A pharmaceutical company is disputing findings by the Patent Trial and Appeal Board (PTAB or board) that its patented form of polymorphic fingolimod hydrochloride is anticipated by prior art, telling the Federal Circuit U.S. Court of Appeals that along the way, the board “ignored” a key limitation which is “indisputably absent from the prior art.”