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Preview: LexisNexis® Mealey's™ Patents Legal News

LexisNexis® Mealey's™ Patents Legal News



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Federal Circuit Upholds Validity Of Stem Cell Production Patent
WASHINGTON, D.C. - A Delaware federal judge did not err in deeming a three-step method for stimulating and harvesting stem cells non-obvious, the Federal Circuit U.S. Court of Appeals ruled Dec. 18 in a win for Genzyme Corp. and Sanofi-Aventis U.S. LLC (Genzyme, collectively) (Genzyme Corporation, et al. v. Dr. Reddy's Laboratories Ltd., et al., No. 16-2206, Fed. Cir., 2017 U.S. App. LEXIS 25454).



Claims Court Finding Of Obviousness Not Clearly Erroneous, Federal Circuit Says
WASHINGTON, D.C. - In what it deemed a "case specific" ruling, the Federal Circuit U.S. Court of Appeals on Dec. 19 upheld a determination by the Court of Federal Claims that various claims of an allegedly infringed patent are obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (American Innotek Inc. v. United States, No. 17-1178, Fed. Cir., 2017 U.S. App. LEXIS 25552).



Federal Circuit Partly Reverses Prior Art Holding By Patent Board
WASHINGTON, D.C. - Although agreeing with the Patent Trial and Appeal Board that a grandparent patent application provides sufficient disclosure to satisfy the written disclosure requirement, the Federal Circuit U.S. Court of Appeals on Dec. 27 reversed and remanded findings that a working prototype reduced the claims to practice before the publication date of relevant prior art (Nintendo of America Inc. v. iLife Technologies Inc., No. 16-2266, Fed. Cir., 2017 U.S. App. LEXIS 26614).



Federal Circuit Affirms Patent Board Claim Construction, Decision
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 18 affirmed a determination of patentability by the Patent Trial and Appeal Board in a dispute over a method of improved message transmission (HTC Corporation, et al., v. Cellular Communications Equipment LLC, No. 16-1880, Fed. Cir., 2017 U.S. App. LEXIS 25457).



Federal Circuit Vacates Judgment, Dismisses As Moot Appeal Of Denied Fees
WASHINGTON, D.C. - A New York federal judge's grant of summary judgment in favor of a patent infringement defendant was vacated Dec. 19 by the Federal Circuit U.S. Court of Appeals, which found that genuine disputes of material fact exist regarding whether the defendant directs or controls the performance its licensees of certain steps of a claimed method (David A. Tropp v. Travel Sentry Inc., et al., Nos. 2016-2386, -2387, -2714, 2017-1025, Fed. Cir.).



Sandoz, Others Prevail In California Patent Dispute Over Biosimilar Treatment
SAN FRANCISCO - A California federal judge on Dec. 19 granted four defendants summary judgment of noninfringement with regard to a patent covering the neutropenia treatments Neupogen and Neulasta (Amgen Inc. v. Sandoz Inc., et al., No. 14-4741, N.D. Calif.).



Delaware Federal Judge Addresses Dismissal Request In Patent Case
WILMINGTON, Del. - In a Dec. 18 memorandum, a Delaware federal judge deemed Delaware a proper forum for HTC Corp. to defend allegations of patent infringement but found that a Delaware venue for HTC America Inc. is improper pursuant to the U.S. Supreme Court's holding in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017), and the patent venue statute, 28 U.S.C. 1400(b) (3G Licensing S.A., et al. v. HTC America Inc., et al., No. 17-83, D. Del., 2017 U.S. Dist. LEXIS 207202).



Pokemon GO Maker Prevails In California Patent Litigation
SAN FRANCISCO - Allegations by the owner of four mapping patents that Niantic Inc., developer of the popular Pokemon GO app, committed infringement were rejected Dec. 19 by a California federal magistrate judge, who deemed the underlying technology patent-ineligible under Section 101 of the Patent Act, 35 U.S.C. 101 (Location Based Services LLC v. Niantic Inc., No. 17-4413, N.D. Calif., 2017 U.S. Dist. LEXIS 208677).



Federal Magistrate Judge Lifts Stay, Recommends Dismissal Of Patent Case
MARSHALL, Texas - In a Dec. 19 ruling, a Texas federal magistrate judge lifted the stay of patent infringement litigation pending since 2014 and recommended that the case be dismissed with prejudice, following findings by the Patent Trial and Appeal Board that the patent in suit is invalid (C-Cation Technologies LLC v. Time Warner Cable Inc., et al., No. 14-59, E.D. Texas, 2017 U.S. Dist. LEXIS 208498).



Missouri Federal Judge Won't Compel Prescription Records In Drug Patent Case
ST. LOUIS - In a Jan. 2 memorandum, a Missouri federal judge quashed a motion to compel a Missouri-based pharmacy provider to comply with a subpoena duces tecum issued by a New Jersey federal judge overseeing patent litigation over the narcolepsy drug Xyrem (Par Pharmaceutical Inc. v. Express Scripts Specialty Distribution Services Inc., No. 17-510, E.D. Mo., 2018 U.S. Dist. LEXIS 197).



Patent Board: Claims Of Medication Adjustment Method Are Unpatentable
ALEXANDRIA, Va. - In a final written decision issued Jan. 2, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that six claims of a method and apparatus for automatically adjusting patient medication levels would have been obvious to a person of skill in the art (CareFusion Corporation v. Baxter International Inc., No. IPR2016-01463, PTAB).



Snap Seeks Board Review Of Patents Asserted In California Infringement Case
ALEXANDRIA, Va. - In a series of petitions for inter partes review (IPR) filed since November, Snap Inc. has fired back at a patent owner that accused the social media giant of infringement in a California federal complaint last year; in one petition, filed Dec. 29, Snap asserts that six claims of one of the patents would have been obvious over a combination of prior art (Snap Inc. v. VaporStream Inc., No. IPR2018-00408, PTAB).



Patent Board Denies Rehearing Of Rejected Patent Application
ALEXANDRIA, Va. - A September 2017 decision that affirmed an examiner's rejection of 32 claims of a social networking system patent application on grounds of ineligibility under Section 101 of the Patent Act, 35 U.S.C. 10, will not be revisited, the Patent Trial and Appeal Board announced Dec. 18 (Ex parte John Hegeman, et al., No. 2016-004317, PTAB).



Juniper Networks, Others Prevail In Inter Partes Review Of Tracking Patent
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Dec. 29 deemed 11 claims of a patented system for tracking electronic assets unpatentable as obvious (Juniper Networks Inc., et al. v. Chrimar Systems Inc., No. IPR2016-01397, PTAB).



Honeywell Seeks Covered Business Method Review Of Intellicheck Patent
ALEXANDRIA, Va. - A patented apparatus for reading and processing content from an identification document and then determining whether the identified person is authorized to perform an activity does not pass muster under Section 101 of the Patent Act, 35 U.S.C. 101, Honeywell International Inc. asserts in a Dec. 22 petition for covered business method (CBM) review before the Patent Trial and Appeal Board (Honeywell International Inc. v. Intellicheck Mobilisa Inc., No. CBM2018-00003, PTAB).



Parties Dispute Validity Of Sloan-Kettering Immunotherapy Patent
WASHINGTON, D.C. - In a Dec. 15 response brief, a patent challenger tells the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board erred in finding no motivation to combine various prior art to arrive at an invention claiming chimeric antigen receptor (CAR) immunotherapy (Kite Pharma Inc. v. Sloan-Kettering Institute for Cancer Research, No. 17-1647, Fed. Cir.).



Board Erred In Deeming Technology Anticipated, Patent Owner Says
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 8 will hold oral arguments in a dispute over a September 2016 ruling by the Patent Trial and Appeal Board that rendered various claims of an OpenTV Inc. patent anticipated by a European patent application (OpenTV Inc. v. Joseph A. Matal, No. 17-1250, Fed. Cir.).



On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).



Federal Circuit Vacates Obviousness Holding By Board, Sides With Microsoft
WASHINGTON, D.C. - Although affirming a construction by the Patent Trial and Appeal Board of the claim term "request," the Federal Circuit U.S. Court of Appeals on Dec. 1 nonetheless vacated in full the board's determination that two patents are nonobvious and partly vacated the board's holding that the patents are not anticipated by prior art (Microsoft Corp., et al., v. Parallel Networks Licensing LLC, Nos. 2016-2515, -2517, -2518, -2519, -2642, -2644, -2645, -2646, Fed. Cir., 2017 U.S. App. LEXIS 24333).



Federal Circuit Largely Sides With Patent Board In Consolidated Appeal
WASHINGTON, D.C. - In a Dec. 5 ruling, the Federal Circuit upheld findings of patent invalidity by the Patent Trial and Appeal Board in two cases but ruled against the board - and in favor of three inter partes review (IPR) petitioners - in a third case, in which the board deemed the disputed technology patentable (CRFD Research Inc. v. Joseph Matal, No. 16-2198; CRFD Research Inc. v. DISH Network Corp., No. 16-2298; Hulu LLC v. CRFD Research Inc., No. 16-2437, Fed. Cir.).



Federal Circuit Partly Reverses Rejection Of Patent Application
WASHINGTON, D.C. - An examiner's rejection of six claims of a crossbar processing patent application as indefinite was reversed by the Federal Circuit U.S. Court of Appeals on Dec. 8 in light of a concession by the U.S. Patent and Trademark Office that the rejection was erroneous (In re: Blaise Laurent Mouttet, No. 17-2077, Fed. Cir., 2017 U.S. App. LEXIS 24844).



Citing Micron, Federal Circuit Grants Mandamus Petition In Patent Case
WASHINGTON, D.C. - In a Nov. 15 grant of mandamus released Dec. 1, the Federal Circuit U.S. Court of Appeals vacated a Minnesota federal judge's decision to transfer a patent case to the U.S. District Court for the Western District of Pennsylvania (In re: Cutsforth Inc., No. 17-135, Fed. Cir.).



Federal Circuit Upholds Claim Constructions, Obviousness Holding
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various challenged patent claims would have been obvious to a person of skill in the art were affirmed Nov. 30 by the Federal Circuit U.S. Court of Appeals, which found no error in the board's differing construction of "internet protocol" and "Internet protocol" (AIP Acquisition LLC v. Cisco Systems Inc., No. 16-2371, Fed. Cir., 2017 U.S. App. LEXIS 24192).



Federal Circuit Vacates False Marking Judgment, Affirms In Other Respects
WASHINGTON, D.C. - A Florida federal judge's rejection of allegations a patent owner failed to mark its products was vacated Dec. 7 by the Federal Circuit U.S. Court of Appeals, which found that although it is an accused infringer's duty to produce evidence of unmarked products, it remains a patentee's duty to prove that the products in question do not practice the patented invention (Arctic Cat Inc. v. Bombardier Recreational Products Inc., et al., No. 17-1475, Fed. Cir.).



Federal Circuit Denies Rehearing; Dissent Calls For Clarification On O2 Micro
WASHINGTON, D.C. - A divided en banc Federal Circuit U.S. Court of Appeals on Dec. 8 refused to rehear a dispute over two communication processing patents, leaving intact a July 2017 ruling that ordered a new trial in the case (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed. Cir., 2017 U.S. App. LEXIS 24780).



Federal Circuit Affirms: Post-Alice, Patent Case Lacked Merit
WASHINGTON, D.C. - A decision by a patent plaintiff to press on with its allegations in the wake of Alice Corp. v. CLS Bank International, despite knowledge that its claims lacked merit, entitled a defendant in the action to an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Dec. 8 (Inventor Holdings LLC v. Bed, Bath & Beyond Inc., No. 16-2442, Fed. Cir., 2017 U.S. App. LEXIS 24781).



Parties In Uber Trade Secrets Suit Won't Stipulate To Special Master Findings
SAN FRANCISCO - Parties in a trade secrets lawsuit alleging that a former employee of autonomous car development company Waymo LLC stole the company's trade secret information and provided it to his new employer, Uber Technologies Inc., on Dec. 7 refused to agree to stipulate to the findings of a special master tasked with determining whether a letter from a former Uber employee shows that Uber hid evidence so that it could not be used at trial (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).



Cattle Insemination Method Patent Is Obvious, Challenger Tells Board
ALEXANDRIA, Va. - In a Dec. 4 petition for inter partes review (IPR), a bovine reproductive technology company argues to the Patent Trial and Appeal Board that using sex-sorted sperm to produce two or more embryos of a desired sex is unpatentable pursuant to Sections 102 and 103 of the Patent Act, 35 U.S.C. 102, 103 (Trans Ova Genetics LC v. XY LLC, No. IPR2018-00249, PTAB).



Board Cancels Various Claims Of User ID, Access Control Code Tracking Patent
ALEXANDRIA, Va. - In a Dec. 5 final written decision, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that various claims of a patented system for conveying geographical information about a person or object to a group of users would have been obvious to a person of skill in the art (TV Management Inc., d/b/a GPS North America v. Perdiemco LLC, No. IPR2016-01061, PTAB).



Pedometer Patent Singled Out For Inter Partes Review In New Petition
ALEXANDRIA, Va. - A fitness technology company took aim Dec. 5 at a patented pedometer in a petition for inter partes review (IPR) by the Patent Trial and Appeal Board, asserting that the straps, step-counters, heart-rate monitors, data processors, transmitters and receivers included in the invention were "basic" and "well-known" to a person of skill in the art (POSITA) (Wahoo Fitness LLC v. Blackbird Tech LLC, No. IPR2018-00275, PTAB).



Board Sides Partly With Petitioner In Covered Business Method Patent Review
ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Dec. 7 ruling deemed 32 claims of a method patent for "Click Based Trading with Intuitive Grid Display of Market Depth" unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (IBG LLC, et al. v. Trading Technologies International Inc., No. CBM2016-00090, PTAB).



Patent Board Deems Various Claims Of Entropy Coding Patent Obvious
ALEXANDRIA, Va. - In a Dec. 11 final written decision, the Patent Trial and Appeal Board partly agreed with Apple Inc. that an entropy coding patent does not pass muster under Section 103 of the Patent Act, 35 U.S.C. 103 (Apple Inc. v. FastVDO LLC, No. IPR2016-01203, PTAB).



Federal Circuit To Hear Oral Arguments In Dispute Over Patent Priority Date
WASHINGTON, D.C. - In oral arguments scheduled for Dec. 13, the U.S. Patent and Trademark Office (PTO) will defend findings by the Patent Trial and Appeal Board that an appellant was not entitled to an earlier priority date through either actual reduction to practice or the exercise of reasonable diligence from conception to constructive reduction to practice (ATI Technologies ULC v. Joseph A. Matal, Performing the Functions and Duties of Director of the U.S. Patent and Trademark Office, Nos. 2016-2222, -2406, -2608, Fed. Cir.).



Travelers Tells High Court Review Not Merited In Covered Business Method Suit
WASHINGTON, D.C. - In a Dec. 11 brief, an insurer asks the U.S. Supreme Court to deny certiorari of a petition over the constitutionality of covered business method (CBM) review proceedings by the U.S. Patent and Trademark Office's (PTO's) Patent Trial and Appeal Board (PTAB), asserting that such reviews of patentability determinations are not jury matters (Integrated Claims Systems LLC v. Travelers Lloyds of Texas Insurance Co., et al., No. 17-330, U.S. Sup.).



Parties Brief Federal Circuit In Dispute Over Pesticide Production Patent
WASHINGTON, D.C. - In a Dec. 8 appellee brief, a prevailing patent challenger told the Federal Circuit U.S. Court of Appeals to uphold findings by the Patent Trial and Appeal Board that a claimed process for producing the insecticide fipronil would have been obvious to a person of skill in the art (POSA) (Finchimica S.P.A. v. Adama Makhteshim Ltd., No. 17-2195, Fed. Cir.).



Barnes & Noble Appeals Taxation Of Costs In EReader Patent Litigation
WASHINGTON, D.C. - A New York federal judge erroneously deemed a patent infringement plaintiff the "prevailing party" in calculating and awarding taxation of costs, Barnes & Noble Inc., barnesandnoble.com LLC and NOOK Media LLC (B&N, collectively) recently told the Federal Circuit U.S. Court of Appeals (Adrea LLC v. Barnes & Noble Inc., et al., No. 17-2462, Fed. Cir.).



USPTO Files Brief In Rehearing Of Dispute Over Attorney Fee Award
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (USPTO) urges the Federal Circuit U.S. Court of Appeals in a Nov. 15 brief to uphold its June 2017 ruling that plaintiffs challenging a rejected patent application in court pursuant to Section 145 of the Patent Act, 35 U.S.C. 145, should pay "all the expenses of the proceedings" (Nantkwest Inc. v. Joseph A. Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



Constitutionality Of Inter Partes Review Procedure Debated By Supreme Court
WASHINGTON, D.C. - In a case that could upend the landscape for patent litigants globally, the U.S. Supreme Court heard oral arguments Nov. 27 in a dispute over the constitutionality of inter partes review (IPR) proceedings by the U.S. Patent and Trademark Office (PTO's) Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Supreme Court Hears Arguments In Dispute Over Scope Of Inter Partes Review
WASHINGTON, D.C. - Once the Patent Trial and Appeal Board agrees to institute inter partes review (IPR), it must address in its final written decision all claims challenged in the underlying petition, an attorney for software developer SAS Institute Inc. told the U.S. Supreme Court Nov. 27 during oral arguments (SAS Institute Inc. v. Joseph Matal, et al., No. 16-969, U.S. Sup.).



Federal Circuit Affirms Delayed Motion To Amend Dooms Patent Complaint
WASHINGTON, D.C. - A Florida federal judge's decision to dismiss a patent infringement complaint without prejudice following a plaintiff's delayed efforts to add a co-inventor was upheld by the Federal Circuit U.S. Court of Appeals on Nov. 17 (Cobra International Inc. v. BCNY International Inc., et al., Nos. 16-2103, -2173, -2635, Fed. Cir., 2017 U.S. App. LEXIS 23133).



Federal Circuit: Patent Board Properly Rejected Application As Anticipated
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 17 turned away an inventor's challenge to a decision by the Patent Trial and Appeal Board that rejected - as anticipated - various claims of a patent application (In re: C. Douglass Thomas, No. 17-1100, Fed. Cir., 2017 U.S. App. LEXIS 23135).



Federal Circuit Remands Indefiniteness Holding By Delaware Federal Judge
WASHINGTON, D.C. - A judgment of patent invalidity based upon findings that certain language in a patented catalytic conversion system is indefinite was reversed Nov. 20 by the Federal Circuit U.S. Court of Appeals (BASF Corporation v. Johnson Matthey Inc., No. 16-1770, Fed. Cir.).



Delaware Federal Magistrate Judge: Don't Dismiss Patent Case Against WhatsApp
WILMINGTON, Del. - A Delaware federal magistrate judge on Nov. 20 recommended that allegations that WhatsApp Inc. infringed two electronic messaging patents should proceed, rejecting a request for dismissal on grounds of patent ineligibility (TriPlay Inc. v. WhatsApp Inc., No. 13-1703, D. Del., 2017 U.S. Dist. LEXIS 191330).



Federal Circuit Vacates Relief, Orders New Trial On Patent Damages
WASHINGTON, D.C. - Although affirming a California federal judge's determination that various claims of a capacitor patent are not indefinite under Section 112 of the Patent Act, 35 U.S.C. 112, the Federal Circuit U.S. Court of Appeals on Nov. 21 reversed an award of lost profits and grant of permanent injunctive relief in the case (Presidio Components Inc. v. American Technical Ceramics Corp., Nos. 16-2607, -2650, Fed. Cir.).



Federal Circuit Sides With Apple, Affirms Patent Claim Construction
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Nov. 22 upheld the claim construction of various disputed terms proffered by a California federal judge in a win for Apple Inc. (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).



Company's Claims In Trade Secrets, Copyright Suit Survive Motion To Dismiss
SHERMAN, Texas - A company has properly stated a claim for relief in seeking declaratory relief against several former employees and its direct competitor for alleged trade secret misappropriation and patent and copyright infringement, among other things, and its claims under the Copyright Act provide a federal district court with federal question jurisdiction, a federal judge in Texas ruled Nov. 20 in denying the defendants' motion to dismiss (Performance Pulsation Control Inc. v. Sigma Drilling Technologies LLC, et al., No. 17-0450, E.D. Texas, 2017 U.S. Dist. LEXIS 191530).



Hearing Held On Tribal Sovereign Immunity, Inter Partes Review
WASHINGTON, D.C. - The House Judiciary Subcommittee on Courts, Intellectual Property and the Internet convened Nov. 7 to discuss the recent trend of private companies entering into intellectual property agreements with Native American tribes to stave off inter partes review (IPR) challenges before the Patent Trial and Appeal Board by invoking the doctrine of tribal sovereign immunity.



Microsoft Seeks Inter Partes Review Of Remote Control Zoom Patent
ALEXANDRIA, Va. - In a Nov. 17 petition for inter partes review (IPR) by the Patent Trial and Appeal Board, Microsoft Corp. challenged the patentability of seven claims of a patented remote control with an auto-zoom feature, which allows for easier button selection on a touch screen (Microsoft Corp. v. Koninklijke Philips N.V., No. IPR2018-00185, PTAB).



Patent Board Sides With Petitioner, Deems 10 Claims Unpatentable
ALEXANDRIA, Va. - A challenge by EMC Corp. of a multiprocessor system patent was successful on Nov. 24, when the Patent Trial and Appeal Board agreed in a final written decision that 10 claims would have been obvious to a person of skill in the art (EMC Corporation v. Intellectual Ventures II LLC, No. IPR2016-01106, PTAB).



Pfizer Immunogenic Patent Targeted In New Petition For Inter Partes Review
ALEXANDRIA, Va. - A patented immunogenic composition would have been obvious to a person of skill in the art, Sanofi Pasteur Inc. and SK Chemicals Co. Ltd. (Sanofi, collectively) assert in a Nov. 20 petition for inter partes review by the Patent Trial and Appeal Board (Sanofi Pasteur Inc. and SK Chemicals Co. Ltd. v. Pfizer Inc., No. IPR2018-0187, PTAB).



In Final Written Decision, Patent Board Sides With Patent Owners
ALEXANDRIA, Va. - Allegations that 19 claims of a patent covering "injectable suspensions having improved injectability" would have been obvious to a person of skill in the art were rejected Nov. 28 by the Patent Trial and Appeal Board (Luye Pharma Group Ltd., et al. v. Alkermes Pharma Ireland Ltd., et al., No. IPR2016-01096, PTAB).



New Petition For Inter Partes Review Targets Seat Reservation Patent
ALEXANDRIA, Va. - The Patent Trial and Appeal Board was told Nov. 28 in a new petition for inter partes review (IPR) that a patented seat reservation method would have been obvious to a person of ordinary skill in the art (TicketNetwork Inc. v. CEATS Inc., No. IPR2018-00245, PTAB).



Tech Firm To High Court: Federal Circuit Misapplied Alice In Apple ITunes Suit
WASHINGTON, D.C. - Seeking review of a Federal Circuit U.S. Court of Appeals ruling that reversed a judgment ruling in its favor, a Texas tech firm tells the U.S. Supreme Court in a Nov. 9 petition for certiorari that a panel incorrectly applied the patent eligibility test of Alice Corp. v. CLS Bank Int'l in deeming its patents abstract and not patent-eligible (Smartflash LLC, et al. v. Apple Inc., No. 17-697, U.S. Sup.).



Google Tells Federal Circuit Patent Claims Erroneously Confirmed
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 4 will hear oral arguments in an appeal by Google Inc. of a final written decision by the Patent Trial and Appeal Board that confirmed that various claims of four digital identification patents are neither obvious nor anticipated (Google Inc. v. Network-1 Technologies Inc., No. 16-2509, Fed. Cir.).



Parties Dispute Accessibility Of Prior Art Reference Before Federal Circuit
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) erred in relying on a prior art product guide in rejecting as anticipated and obvious various claims of three patents, the patent owner recently told the Federal Circuit U.S. Court of Appeals (C.R. Bard Inc. v. AngioDynamics Inc., No. 17-1851, Fed. Cir.).



Bill Of Costs In Patent Dispute Debated In Briefs Before Federal Circuit
WASHINGTON, D.C. - An Illinois federal judge's decision to award General Electric Co. (GE) $94,813.95 in costs in connection with its successful defense of patent infringement allegations was erroneous, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Henryk Olesky v. General Electric Company, No. 17-2225, Fed. Cir.).