Mealey's Patents
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January 02, 2024
Patent Owner: Board Created ‘New Standard’ When Instituting Review
ALEXANDRIA, Va. — A patent owner says the Patent Trial and Appeal Board wrongly instituted inter partes review (IPR) of its memory module technology in response to a petition that relies on the same prior art as another petition for IPR, which the board denied.
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December 21, 2023
Panel: Consumer-Friendly Method For Completing Purchases Is Patent-Ineligible
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Dec. 20 said technology that permits a brick-and-mortar store to offer customers a lower price for the same product than what is currently available online is ineligible for patenting.
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December 21, 2023
Panel Says Substantial Evidence Supports Board’s Patent Obviousness Ruling
WASHINGTON, D.C. — A patented method of treating pulmonary hypertension was correctly deemed obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled Dec. 20 in a blow to the maker of the vasodilator Tyvaso.
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December 19, 2023
Panel: Appeal Of Patent Board Ruling Mooted By District Court Dismissal
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Dec. 19 dismissed an appeal by a petitioner who failed to persuade the Patent Trial and Appeal Board to cancel various claims of a hairbrush patent, citing a dismissal with prejudice of an allegation of infringement of the patent and a failure by the appellant to establish that it is at risk of incurring future infringement liability.
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December 18, 2023
Federal Circuit Finds No Error In Patent Board Claim Construction
WASHINGTON, D.C. — A final written decision (FWD) by the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board that declared a single claim of a wireless local area network (WLAN) patent obvious was affirmed Dec. 15 by the Federal Circuit U.S. Court of Appeals, which said the board correctly construed the disputed claim term “storage element.”
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December 18, 2023
In Response To Joint Motion, Panel Vacates Patent Board Decision
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Dec. 18 agreed to dismiss an appeal of a final written decision (FWD) by the Patent Trial and Appeal Board that declared a method of producing nicotinamide riboside (NR) and compositions containing NR patent-ineligible.
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December 15, 2023
Federal Circuit Panel Upholds Claim Preclusion Findings In Patent Row
WASHINGTON, D.C. — Allegations that a patented book holder assembly was infringed by a laptop mounting device were correctly rejected on res judicata grounds, the Federal Circuit U.S. Court of Appeals has ruled.
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December 14, 2023
Palo Alto Networks To Federal Circuit: Patent Board Got It Right
WASHINGTON, D.C. — A user guide for the Sourcefire “3D System” discloses “nearly every limitation” of various challenged claims of a threat detection patent that was correctly canceled by the Patent Trial and Appeal Board as obvious, Palo Alto Networks Inc. (PAN) maintains in an appellee brief filed with the Federal Circuit U.S. Court of Appeals.
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December 14, 2023
Becton, Dickinson Fires Back At Patent Owner, Defends Board Review
WASHINGTON, D.C. — A formulation of sterilized chlorhexidine gluconate solution (CHG) applied via applicator for the purpose of disinfecting skin was correctly deemed anticipated and obvious by the Patent Trial and Appeal Board, a medical device manufacturer maintains in a recent brief to the Federal Circuit U.S. Court of Appeals.
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December 12, 2023
Outcome Of Inter Partes Review Upheld In Win For Petitioner Apple Inc.
WASHINGTON, D.C. — Findings by the Patent Trial and Appeal Board that the independent claims of a patented system that links words and phrases to other sources, such as annotations, were not limited by their preambles will stand, the Federal Circuit U.S. Court of Appeals concluded Dec. 11 in a summary affirmance.
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December 12, 2023
Jawbone Responds To Meta Petition That Seeks Patent Cancellation
ALEXANDRIA, Va. — Allegations by Meta Platforms Inc. that patented noise suppression technology would have been obvious to a person of skill in the art (POSITA) fail, the patent owner maintains in a Dec. 11 preliminary patent owner response filed with the Patent Trial and Appeal Board.
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December 12, 2023
Bid For Cancellation Of Patented Radiation Lamp Fails As Board Denies Review
ALEXANDRIA, Va. — The Patent Trial and Appeal Board on Dec. 11 denied institution of inter partes review (IPR) of a patent relating to lamp used to disinfect water.
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December 11, 2023
Google Can’t Persuade Federal Judge To Revisit Patent Claim Construction
BOSTON — A federal judge in Massachusetts has rejected as untimely a bid by Google LLC for an expansion of the court’s construction of “execution unit” adopted more than a year ago.
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December 08, 2023
Moderna: Pfizer Seeking ‘Two Bites At The Invalidity Apple’ With Patent Challenge
ALEXANDRIA, Va. — A petition by Pfizer Inc. for inter partes review (IPR) of a Moderna TX Inc. patent directed to the messenger RNA technology used in the COVID-19 vaccine is a “transparent” effort to “double-dip,” Moderna says in a Dec. 7 preliminary patent owner response filed with the Patent Trial and Appeal Board.
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December 08, 2023
In Texas Dispute Over Computing Patents, Quanta’s Dismissal Bid Fails
WASHINGTON, D.C. — Allegations by Quanta Computer Inc. that a plaintiff patent owner is collaterally estopped from asserting infringement in view of a 2022 ruling by the Federal Circuit U.S. Court of Appeals in a case involving a different defendant were rejected by a federal judge in Texas.
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December 06, 2023
Panel Won’t Intervene In Dispute Over Document Request In Patent Case
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals denied a bid for mandamus by a patent owner who was ordered by a federal judge in Massachusetts to produce various documents requested by an infringement defendant leveling counterclaims of inequitable conduct.
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December 06, 2023
Intel Largely Prevails In Patent Appeal; New Damages Trial Ordered
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has ordered a new damages trial for infringement of one patent by Intel Corp. that yielded a $1.5 billion award and vacated findings that Intel infringed another patent that formed the basis of a $675 million award in a longstanding dispute over microprocessor technology.
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December 04, 2023
Federal Circuit Grants Stipulated Dismissal In Endoscope Patent Row
WASHINGTON, D.C. — On the heels of a joint request filed one day earlier, the Federal Circuit U.S. Court of Appeals on Dec. 4 agreed to dismiss with prejudice a patent case that hinged on the “permissible repair” defense.
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December 04, 2023
New York Federal Judge Rejects ‘Sweeping Attack’ On Jury’s Patent Verdict
LONG ISLAND, N.Y. — A federal judge in New York on Dec. 1 denied a bid to enhance a September $1.85 million jury award in a dispute over the validity, inventorship and infringement of a design patent associated with the “Wallet Ninja” but in the same ruling awarded the patent owner $1,536,644 in attorney fees and costs.
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December 04, 2023
Apple Request For Fees As Sanction In Patent Case Denied In California
WASHINGTON, D.C. — Two months after a patent owner voluntarily dismissed allegations of patent infringement against Apple Inc. in connection with a feature that alerts Apple users to potential COVID-19 exposure, a federal judge in California on Dec. 1 denied the tech titan’s request for attorney fees.
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December 01, 2023
In California Patent Row, Defendant Can Amend Invalidity Contentions
SAN JOSE, Calif. — An infringement dispute over a patented telepole will include an allegation of obviousness-type double patenting (ODP) in view of a recent change in the law, a federal magistrate judge in California has ruled.
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November 29, 2023
Cross-Appellant: Dispute Centers On Contract, Not Patent Misuse
WASHINGTON, D.C. — A cross-appellant urges the Federal Circuit U.S. Court of Appeals to transfer a contractual dispute involving Honeywell International Inc. and others to the Fourth Circuit U.S. Court of Appeals, asserting that an allegation of patent misuse before a district court is not enough to vest the Federal Circuit with exclusive jurisdiction over the appeal.
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November 29, 2023
California Federal Judge: Signal Decoding Tech Ineligible For Patenting
SAN FRANCISCO — A challenge by a developer of gaming peripherals to the eligibility of a patent it is accused of infringing was persuasive to a federal judge in California, who dismissed the case.
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November 27, 2023
Genomic Sequencing Of Tumor Sample Not Patentable, Petitioner Says
ALEXANDRIA, Va. — A cancer diagnostics company accused in Colorado federal court of infringing a method of screening for cancer recurrence maintains in a Nov. 22 filing with the Patent Trial and Appeal Board that the patent asserted against it should be canceled as anticipated and obvious.
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November 22, 2023
Arthrex Prevails Before Board In Challenge To Surgical Implant Patent
ALEXANDRIA, Va.— In a final written decision (FWD) issued Nov. 21, the Patent Trial and Appeal Board agreed with Arthrex Inc. that all claims of a patented instrument and method for guiding and positioning surgical implants within the body are anticipated or rendered obvious by prior art.