Mealey's Patents
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September 12, 2023
Panel Delivers Apple A Win, Reinstates Review Of Camera Lens Patent
WASHINGTON, D.C. — The Patent Trial and Appeal Board must revisit its determinations in two final written decisions that Apple Inc. failed to establish that various challenged claims of a camera lens patent are obvious, the Federal Circuit U.S. Court of Appeals ruled Sept. 11.
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September 11, 2023
Board Correctly Declared Solar Cell Assembly Patent Obvious, Petitioner Says
WASHINGTON, D.C. — A successful inter partes review petitioner maintains in a new appellee brief filed with the Federal Circuit U.S. Court of Appeals that an appellant brief by the patent owner “wrongly attempts to transform” a final written decision (FWD) by the Patent Trial and Appeal Board “into something it is not.”
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September 11, 2023
Appellants Say Substitute Claims Wrongly Allowed By Patent Board
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals has been asked by a group of appellants in the telecommunications industry to reverse and remand the Patent Trial and Appeal Board’s determination that various substitute claims in a patented system and apparatus relating to “handshaking” in a cellular network are not anticipated or rendered obvious by the same prior art that invalidated the original claims.
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September 11, 2023
Patent Dispute Over ‘Tamper Resistant’ Tablets To Proceed In Delaware
WILMINGTON, Del. — A bid by Accord Healthcare Inc. for judgment on the pleadings on allegations that its abbreviated new drug application (ANDA) infringes two patents directed to technology for producing “tamper resistant” tablets failed Sept. 8 when a judge from the Federal Circuit U.S. Court of Appeals, sitting by designation in the District of Delaware, denied the request.
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September 08, 2023
Anti-‘Pestware’ Patent Should Be Canceled, Trend Micro Tells Board
ALEXANDRIA, Va. — In a Sept. 7 petition for inter partes review (IPR), Trend Micro Inc. says that a patented system and method for detecting pestware would have been obvious to a person of skill in the art, requiring cancellation of 15 patent claims.
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September 07, 2023
Patent Owner Bid To Undo Cancellation Of Claims Fails On Appeal
WASHINGTON, D.C. — Substantial evidence supports an August 2019 final written decision by the Patent Trial and Appeal Board that 10 claims of a patented antenna system are anticipated or would be rendered obvious by prior art, the Federal Circuit U.S. Court of Appeals ruled Sept. 6.
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September 07, 2023
Palo Alto Networks Again Takes Aim At Rival’s Patent In New Petition
ALEXANDRIA, Va. — A method of filtering data transfers that prevents “exfiltration” would have been obvious to a person of skill in the art, Palo Alto Networks Inc. maintains in its latest petition for inter partes review (IPR) of a patent it previously challenged unsuccessfully.
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September 06, 2023
Panel Says Immediate Review Of Venue Ruling In Patent Row Unwarranted
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Sept. 5 refused to weigh in on a Texas federal judge’s denial of a motion to dismiss a patent infringement action for improper venue.
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September 05, 2023
Board Construction Of Disputed Patent Claim Upheld On Appeal
WASHINGTON, D.C. — “Connection rejection message” as the term is used in two mobile communications patents was properly construed by the Patent Trial and Appeal Board to mean “a message that rejects a connection,” the Federal Circuit U.S. Court of Appeals ruled Sept. 1, affirming that the technology is anticipated or rendered obvious by prior art.
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September 01, 2023
Panel Affirms: Single Claim Of Content Fetching Patent Is Invalid As Indefinite
WASHINGTON, D.C. — A federal judge in Texas did not err in treating an arbitration agreement entered into after a purported settlement of patent infringement litigation valid and enforceable, nor in deeming a single claim of the disputed web content fetching patent indefinite, the Federal Circuit U.S. Court of Appeals has ruled.
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September 01, 2023
In Win For Meta, Panel Upholds Summary Judgment Of Patent Ineligibility
WASHINGTON, D.C. — A federal judge in Texas did not err in declaring that all asserted claims of a method of predicting web visitor “intent” when recommending webpages are ineligible for patenting, the Federal Circuit U.S. Court of Appeals ruled in affirming.
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September 01, 2023
Stanford, Licensee Urge High Court To Review Section 101 Patentability Standard
WASHINGTON, D.C. — In a reply brief supporting their petition for certiorari, the board of trustees of the Leland Stanford Junior University (Stanford) and the licensee of its patents for an organ rejection detection test tell the U.S. Supreme Court that it needs to take a new look at the bar against patents for natural phenomena in Section 101 of the Patent Act and confirm that medical diagnostics methods can be patented.
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August 31, 2023
Patent Board Stands By Refusal To Institute Inter Partes Review
ALEXANDRIA, Va. — A request by Netflix Inc. for rehearing of a May decision by the Patent Trial and Appeal Board that denied the streaming service’s petition for inter partes review (IPR) of an automated browsing patent was denied by a divided board on Aug. 30.
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August 29, 2023
Petitioner Defends Challenge To Synthetic Nicotine Patent, Seeks PTO Director Review
ALEXANDRIA, Va. — In an Aug. 28 request for rehearing by the director of the U.S. Patent and Trademark Office of a denial one month earlier by the Patent Trial and Appeal Board of inter partes review (IPR) of a synthetic nicotine patent, a petitioner says the board should have applied an “obvious to try” standard in its assessment of a motivation to combine various prior art.
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August 29, 2023
In New Appeal, Google Says Some Patent Limitations Wrongly Held Nonobvious
WASHINGTON, D.C. — Although the Patent Trial and Appeal Board “got things mostly right” in an inter partes review (IPR) of two database patents, it erred in “two important respects,” Google LLC maintains in an appellant brief filed with the Federal Circuit U.S. Court of Appeals.
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August 28, 2023
D.C. Circuit: Grant Of Exclusive Patent License Not Anticompetitive
WASHINGTON, D.C. — A panel of the District of Columbia Circuit U.S. Court of Appeals ruled Aug. 25 that allegations by Federal Trade Commission drugmakers violated antitrust law by the terms of a 2017 settlement in a breach of contract action fail to state a claim.
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August 28, 2023
Patent Owner To Board: Netflix ‘Misapprehends’ Federal Circuit Decision
ALEXANDRIA, Va. — Contrary to the assertions made by Netflix Inc., an April 2023 remand by the Federal Circuit U.S. Court of Appeals did not resolve factual questions about limitations in a patented method of decoding encrypted content in its favor, the patent owner maintains in an Aug. 25 response brief to the Patent Trial and Appeal Board.
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August 25, 2023
Appellant: Patent Declared Anticipated, Obvious On Manufactured Grounds
WASHINGTON, D.C. — Final written decisions (FWDs) by the Patent Trial and Appeal Board that canceled various claims of two patents are “filled with legal error” and based on theories of anticipation and obviousness “never presented” by a petitioner for inter partes review (IPR), a patent owner tells the Federal Circuit U.S. Court of Appeals.
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August 25, 2023
Volvo Subsidiary Prevails In Appeal Of Adverse Patent Board Review
WASHINGTON, D.C. — The Patent Trial and Appeal Board must revisit its decision that canceled all claims of a patented boat engine as obvious, the Federal Circuit U.S. Court of Appeals said Aug. 24, in a win for a Volvo Group subsidiary that specializes in industrial and marine applications.
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August 23, 2023
Sun Bid For Reversal Of Patent Obviousness Holding Fails On Appeal
WASHINGTON, D.C. — A patented treatment for myelofibrosis with the potential to treat other health conditions, including alopecia areata, was correctly declared obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals said Aug. 22.
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August 22, 2023
Texas Federal Magistrate Judge Denies Samsung Bid To Stay Patent Case
MARSHALL, Texas, — Allegations that Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. (Samsung, collectively) infringed four patents relating to forced message alerts over a communication network will proceed despite an ongoing investigation by the International Trade Commission, a federal magistrate judge in Texas ruled Aug. 21.
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August 22, 2023
Patent Owner: BMW Petition For Review ‘Weak On The Merits’
ALEXANDRIA, Va. — A request by BMW of North America LLC for inter partes review (IPR) of a patent directed to an object vector indicator (OVI) should be denied, the patent owner told the Patent Trial and Appeal Board on Aug. 21, both because the petition is unlikely to succeed and because the automaker has already filed suit in Texas federal court seeking a declaration of noninfringement.
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August 21, 2023
Patent Covering Design Data Transfer Is Ineligible, Federal Circuit Affirms
WASHINGTON, D.C. — A federal judge in Delaware correctly declared a patent directed to the automatic transfer of design data in a computer-aided design (CAD) model to a machine that manufactures the object depicted ineligible for patenting, the Federal Circuit U.S. Court of Appeals ruled Aug. 21.
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August 21, 2023
Lawsuit Over PTO Response To FOIA Requests Dismissed In D.C.
WASHINGTON, D.C. — A District of Columbia federal judge has dismissed a patent owner’s challenge to the withholding of records by the U.S. Patent and Trademark Office (PTO) with regard to the Patent Trial and Appeal Board’s practice of using expanded panels during certain board proceedings.
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August 21, 2023
Delaware Federal Judge Rejects Challenge To Validity Of Epilepsy Drug
WILMINGTON, Del — An abbreviated new drug application (ANDA) to manufacture and market a generic version of the anti-seizure medication “Briviact” would infringe a single claim of a patent directed to the drug’s active ingredient, an analogue of the compound levetiracetam, a federal judge in Delaware has concluded after a bench trial.