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Preview: LexisNexis® Mealey's™ Patents Legal News

LexisNexis® Mealey's™ Patents Legal News



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Supreme Court Grants Certiorari, Will Review Patent Exhaustion Doctrine
WASHINGTON, D.C. - Acting on the recommendation of the U.S. solicitor general, the U.S. Supreme Court on Dec. 2 granted certiorari in a case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit
CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).



Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents
WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the firm's motion for a writ of mandamus for relief from an order compelling production of purportedly privileged documents (In re: Rearden LLC, et al., No. 16-125, Fed. Cir.; 2016 U.S. App. LEXIS 20637).



Federal Circuit Says Board Properly Deemed Patent Obvious, Anticipated
WASHINGTON, D.C. - Three final decisions by the Patent Trial and Appeal Board that invalidated a patented software application as obvious and anticipated were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 17 (B.E. Technology LLC v. Microsoft Corp., No. 15-1828; B.E. Technology LLC v. Google Inc., No. 15-1827; B.E. Technology v. Facebook Inc., Nos. 15-1829, -1879, Fed. Cir.).



Federal Circuit: Board Used Wrong Definition Of Covered Business Method
WASHINGTON, D.C. - A patent owner whose invention was invalidated under 35 U.S. Code Section 101 prevailed Nov. 21 before the Federal Circuit U.S. Court of Appeals, which found that the Patent Trial and Appeal Board "relied on an incorrect definition of covered business method ('CBM') patent" while evaluating a petition for CBM review by Google Inc. (Unwired Planet LLC v. Google Inc., No. 15-1812, Fed. Cir.; 2016 U.S. App. LEXIS 20764).



Federal Circuit Upholds Patent Board, Says Patents Are Obvious, Anticipated
WASHINGTON, D.C. - Two inter partes re-examinations by the U.S. Patent Trial and Appeal Board that led to findings of patent invalidity were proper, the Federal Circuit U.S. Court of Appeals ruled Dec. 2 (Dako Denmark A/S v. Leica Biosystems Melbourne Party Ltd., No. 16-1000, Fed. Cir.).



Massachusetts Federal Judge Dismisses Contributory Patent Infringement Claims
BOSTON - Allegations of direct, induced and willful patent infringement will proceed in Massachusetts federal court, but a claim for contributory patent infringement was dismissed Nov. 23 (Sunrise Technologies Inc. v. Cimcon Lighting Inc., No. 15-11545, D. Mass.; 2016 U.S. Dist. LEXIS 162557).



Federal Circuit Rules In Favor Of Apple, Others In Computer Menu Patents Dispute
WASHINGTON, D.C. - Affirming in part and reversing in part a ruling by the Patent Trial and Appeal Board (PTAB) on three patents directed toward menu-generating software, a Federal Circuit U.S. Court of Appeals panel on Nov. 29 found that the disputed patents' claims pertained to unpatentable abstract ideas and the computerization of manual tasks (Apple Inc., et al. v. Ameranth Inc., Nos. 2015-1703 and 2015-1704; and Ameranth Inc. v. Agilysys Inc., et al., No. 2015-1792 and 2015-1793, Fed. Cir.; 2016 U.S. App. LEXIS 21277).



New York Federal Judge Vacates Dismissal, Reinstates Patent Claims
NEW YORK - A New York federal judge on Nov. 29 vacated - pursuant to Federal Rule of Civil Procedure 60(b) - a retired New York federal judge's decision dismissing allegations of patent infringement pursuant to 35 U.S. Code Section 101 (TNS Media Research LLC, et al. v. TiVo Research and Analytics Inc., d/b/a TRA Inc., No. 11-4039, S.D. N.Y.; 2016 U.S. Dist. LEXIS 164447).



California Federal Judge Allows Amended Complaint, Adding Patent To Litigation
SAN FRANCISCO - An infringement defendant's effort to block a plaintiff from adding a newly acquired patent to pre-existing patent litigation was denied Nov. 29 by a California federal judge, who found that the defendant failed to explain why the addition would be "so burdensome as to compel" the delay of a planned November 2017 trial (Illumina Inc. and Illumina Cambridge Ltd. v. Qiagen N.V., et al., No. 16-2788, N.D. Calif.; 2016 U.S. Dist. LEXIS 164560).



5th Circuit Vacates Injunction, Overturns $340 Million Antitrust Award
NEW ORLEANS - A Texas federal judge erroneously denied Becton Dickinson & Co. (BD) judgment as a matter of law (JMOL) on allegations by a plaintiff that BD attempted to monopolize the market for safety syringes through various deceptive practices, the Fifth Circuit U.S. Court of Appeals held Dec. 2 (Retractable Technologies Inc. v. Becton Dickinson & Company, No. 14-41384, 5th Cir.; 2016 U.S. App. LEXIS 21556).



Patent Board Denies Microsoft Effort To Review Chat Room Patent
ALEXANDRIA, Va. - Allegations by Microsoft Corp. that a patent claiming a complex chat room communications system would have been obvious to one of ordinary skill in the art were rejected Nov. 29 by the Patent Trial and Appeal Board (Microsoft Corp. v. Windy City Innovations LLC, No. IPR2016-01146, PTAB).



Facebook Request For Covered Business Method Review Denied By Board
ALEXANDRIA, Va. - Assertions by Facebook Inc. that a patented method of wirelessly delivering digital audio and visual files claims ineligible subject matter pursuant to 35 U.S. Code Section 101 will not be reached in light of a Nov. 23 ruling by the Patent Trial and Appeal Board (Facebook Inc. v. Skyy LLC, No. CBM2016-00091, PTAB).



Patent Board Grants Los Angeles Transportation Authority Petition
ALEXANDRIA, Va. - A patent covering a system that discloses the number of occupants in a vehicle traveling in a high occupancy vehicle (HOV) lane will face inter partes review (IPR), the Patent Trial and Appeal Board announced Nov. 22 (Los Angeles County Metropolitan Transportation Authority v. Transport Technologies LLC, No. IPR2016-01077, PTAB).



Patent Board Grants Review Of Oral Pulsed Dosed Drug Delivery System Patent
ALEXANDRIA, Va. - Arguments by Mylan Pharmaceuticals Inc. that a patented drug delivery system associated with the attention deficit hyperactivity disorder (ADHD) drug Adderall XR is invalid were well received Nov. 17 by the Patent Trial and Appeal Board, which agreed to institute inter partes review (Mylan Pharmaceuticals Inc. v. Shire Laboratories Inc., No. IPR2016-01033, PTAB).



Patent Board Grants Rehearing, Partly Reverses Examiner's Rejection
ALEXANDRIA, Va. - A rejection under 35 U.S. Code Section 103(a) of two claims of a thermal chemical reaction patent was reversed Dec. 2 by the Patent Trial and Appeal Board (Ex parte Battelle Memorial Institute, No. 2015-005944, PTAB).



Inventors Oppose High Court's Review Over Use Of Prosecution History In Patent Claim Dispute
WASHINGTON, D.C. - Inventors accusing Google Inc. of infringing their patents for computer malware protection software argue in a Nov. 14 brief that the U.S. Supreme Court should not decide how the Federal Circuit U.S. Court of Appeals should use prosecution history to settle claim construction disputes because Google objects to fact-bound and case-specific conclusions (Google Inc. v. Alfonso Cioffi and The Estate of Allen Frank Rozman, No. 16-200, U.S. Sup.).



AstraZeneca Opposes High Court Answering If ANDA Subjects Filers To Personal Jurisdiction
WASHINGTON, D.C. - AstraZeneca AB argues in a Nov. 21 opposition brief that the U.S. Supreme Court should decline to answer whether the filing of an abbreviated new drug application (ANDA) is sufficient to subject Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, Mylan) to specific personal jurisdiction in any state where they might market the drug (Mylan Pharmaceuticals Inc., et al. v. Acorda Therapeutics Inc., et al. & Mylan Pharmaceuticals Inc. v. AstraZeneca AB, No. 16-360, U.S. Sup.).



Medical Device Company Opposes U.S. High Court Review Of Defense Of Laches In SCA
WASHINGTON, D.C. - A medical device company argues in a Nov. 14 opposition brief that the U.S. Supreme Court should not consider the extent to which the defense of laches may bar a claim for patent infringement nor should it stay a patent owner's petition pending resolution of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC (136 S. Ct. 1824 [2016]) (Endotach LLC v. Cook Medical LLC, No. 16-127, U.S. Sup.).



Apotex Says To High Court: Amgen Gets To Reap Profits From Unfair Statutory Period
WASHINGTON, D.C. - Apotex Inc. and Apotex Corp. (collectively, Apotex) argue in a Nov. 21 reply brief to the U.S. Supreme Court that biotechnology companies that lost an underlying patent case unfairly get "to reap another six months of monopoly profits beyond the statutory 12-year period on a product that could help more people while saving the healthcare system billions of dollars in unnecessary expenditures" (Apotex Inc. and Apotex Corp. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 16-332, U.S. Sup.).



Accused Patent Infringer Seeks High Court Review Of Statute Governing Venue In Patent Suit
WASHINGTON, D.C. - In a patent infringement case filed by Kraft Foods Group Brands LLC, the accused patent infringer argues in a Nov. 21 reply brief that the U.S. Supreme Court should consider whether 28 U.S. Code Section 1400(b) is the sole and exclusive provision governing venue and is not to be supplemented by 28 U.S. Code Section 1391(c) (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Federal Circuit: Claim Construction, Transfer Of Patent Case Were Proper
WASHINGTON, D.C. - A New Jersey federal judge's construction of a dispute claim term in a patent infringement case was upheld Nov. 17 by the Federal Circuit U.S. Court of Appeals, which also affirmed an Ohio federal judge's decision to transfer the litigation (Roxane Laboratories Inc. v. Camber Pharmaceuticals Inc., et. al., No. 16-1028, Fed. Cir.).



Illinois Federal Magistrate Judge: Defendant Entitled To Judgment Of Patent Invalidity
CHICAGO - Allegations of patent infringement were rejected Nov. 15 by an Illinois federal magistrate judge, who instead found that an interactive mailbox facility system patent claims ineligible subject matter under 35 U.S. Code Section 101 (Visual Interactive Phone Concepts Inc. v. United States Cellular Corporation, No. 11-5289, N.D. Ill.; 2016 U.S. Dist. LEXIS 158093).



Federal Magistrate Judge Will Allow Amended Patent Invalidity Contentions
SAN FRANCISCO - A defendant on Nov. 14 won the right to amend its patent invalidity contentions with more specificity, when a California federal magistrate judge agreed that the proposed amendments would not be futile (24/7 Customer Inc. v. LivePerson Inc., No. 15-2897, N.D. Calif.; 2016 U.S. Dist. LEXIS 157271).



Federal Circuit Affirms Patent Obviousness Holding By Board
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in concluding that it would have been obvious for a person of ordinary skill in the art to store information and data in separate memories when maintaining the information during a loss in power, the Federal Circuit U.S. Court of Appeals ruled Nov. 15 in a dispute over patented radio frequency identification (RFID) tags (Intermec Technologies Corp., et al. v. Alien Technology LLC, No. 15-1808, Fed. Cir.).



Federal Circuit Upholds Patent Board Ruling In Favor Of Google
WASHINGTON, D.C. - Various asserted claims of a patent directed to a method of prioritizing search results based upon geographic location of a mobile device were properly deemed invalid as obvious, the Federal Circuit U.S. Court of Appeals concluded Nov. 15 (Unwired Planet LLC v. Google Inc., Nos. 15-1810, -1811, Fed. Cir.).



Federal Judge Deems Patent Valid, Infringed By Proposed Generic
WILMINGTON, Del. - Although finding one asserted patent invalid as obvious, a Delaware federal judge on Nov. 15 found that a related patent covering sublingually administered buphrenorphine is both valid and infringed by Actavis Elizabeth LLC (Orexo AB, et al. v. Actavis Elizabeth LLC, No. 14-829, D. Del.; 2016 U.S. Dist. LEXIS 157683).



Federal Circuit Affirms: Patent Claims Cover Ineligible Subject Matter
WASHINGTON, D.C. - Finding no error in an Oregon federal judge's determination of patent invalidity under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals on Nov. 16 affirmed (Tranxition Inc. v. Lenovo Inc., et al., Nos. 15-1907, -1941, -1958, Fed. Cir.).



Federal Circuit Affirms Compelled Assignment Of Inventor's Patents
WASHINGTON, D.C. - A California federal magistrate judge did not err in appointing a receiver to satisfy a judgment awarding attorney fees and costs in an underlying patent dispute, the Federal Circuit U.S. Court of Appeals ruled Nov. 9 (Dr. Aleksandr L. Yufa v. TSI Inc., No. 16-1784, Fed. Cir.; 2016 U.S. App. LEXIS 20189).



Storage System Lands Walt Disney In Court For Patent Infringement
MARSHALL, Texas - In a complaint filed Nov. 11 in a federal court in Texas, a patent owner accuses The Walt Disney Co. of infringement in connection with the "Disney Movies Anywhere" system and service (Rothschild Broadcast Distribution Systems LLC v. The Walt Disney Company, No. 16-1266, E.D. Texas).



Department Of Justice Wins Review Of Security Alarm System Patent
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Nov. 15 granted a petition for inter partes review (IPR) by the federal government, deeming the U.S. Department of Justice likely to prevail on its position that several claims of a security alarm system patent are invalid (Department of Justice v. Discovery Patents LLC, No. IPR2016-01041, PTAB).



Patent Board Denies Request By Skechers For Review Of Nike Patents
ALEXANDRIA, Va. - Three separate petitions for inter partes review by Skechers U.S.A. Inc. were rejected Nov. 16 by the Patent Trial and Appeal Board, in a win for patent owner Nike Inc. (Skechers U.S.A. Inc. v. Nike Inc., No. IPR2016-01045, PTAB).



Patent Board Reverses Rejection Of Source File Previewing Patent
ALEXANDRIA, Va. - Various claims of a patented method for opportunistic source file frame previewing were erroneously deemed invalid as obvious, the Patent Trial and Appeal Board ruled Nov. 17 (Ex parte Giedrus Zizys, et al., No. 2015-007855, PTAB).



Patent Board Grants Apple, Microsoft Petition For Inter Partes Review
ALEXANDRIA, Va. - A frequently litigated data transmission patent will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Nov. 3 (Apple Inc., et al. v. Evolved Wireless LLC, No. IPR2016-00981, PTAB).



Petition For Covered Business Method Review Granted By Patent Board
ALEXANDRIA, Va. - Petitioner SAP America Inc. successfully petitioned the Patent Trial and Appeal Board on Nov. 15 to undertake covered business method (CBM) review of a patent directed to network transactions (SAP America Inc. v. Lakshmi Arunachalam, No. CBM2016-00081, PTAB).



Reseller Cites Amicus Curiae Brief In Asking Court To Decide Patent Exhaustion Doctrine
WASHINGTON, D.C. - Citing an amicus curiae brief filed by the acting U.S. solicitor general, Impression Products Inc. argues in a Nov. 3 supplemental brief that the U.S. Supreme Court should review a patent case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Google, Motorola Ask High Court To Review Restriction Of 'Common Sense' Presumption
WASHINGTON, D.C. - Relying on KSR International Co. v. Teleflex Inc. (550 U.S. 398, 415 [2007]), Google Inc. and Motorola Mobility LLC petitioned the U.S. Supreme Court on Nov. 8 to review whether the Federal Circuit U.S. Court of Appeals erred in restricting the Patent Trial and Appeal Board's ability to rely on the common sense and common knowledge of skilled artisans to establish the obviousness of patent claims (Google Inc. and Motorola Mobility LLC v. Arendi S.A.R.L., et al., No. 16-626, U.S. Sup.).



Pharm, Bio Tech Companies Ask High Court To Decide AIA's Institution Of Inter Partes Review
WASHINGTON, D.C. - Pharmaceutical and biotechnology companies and a biotechnology trade association in an amicus curiae brief filed Oct. 24 argue in support of the U.S. Supreme Court granting review on whether the Leahy-Smith America Invents Act (AIA) permits the Patent Trial and Appeal Board (PTAB) instead of the U.S. Patent and Trademark Office (PTO) director to make inter partes review (IPR) institution decisions (Ethicon Endo-Surgery Inc. v. Covidien LP and Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 16-366, U.S. Sup.).



Amgen Opposes Review Of Commercial Marketing Notice To Product Sponsor
WASHINGTON, D.C. - Amgen Inc. and Amgen Manufacturing Ltd. (collectively, Amgen) argue in a Nov. 8 opposition brief that the U.S. Supreme Court should decline to review whether the Federal Circuit U.S. Court of Appeals erred in holding that biosimilar applicants must provide a product sponsor with a notice of commercial marketing under the Biologics Price Competition and Innovation Act (BPCIA) (Apotex Inc. and Apotex Corp. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 16-332, U.S. Sup.).



Patent Owner Seeks U.S. Supreme Court Review On Entry Of JMOL
WASHINGTON, D.C. - An owner of patents relating to two-way communications asks the U.S. Supreme Court in an Oct. 21 petition to answer whether the Federal Circuit U.S. Court of Appeals erred in ordering entry of judgment as a matter of law (JMOL) on a ground not presented in a Federal Rule of Civil Procedure 50(b) motion in the district court, "even though the ground presented a purely legal question" (Eon Corp. IP Holdings LLC v. Silver Spring Networks Inc., No. 16-551, U.S. Sup.).



Importers Ask High Court To Decide ITC's Jurisdiction Reach On $6M Patent Fine
WASHINGTON, D.C. - Two importers argue in a Oct. 31 reply brief that the U.S. Supreme Court should consider whether the International Trade Commission's (ITC) jurisdiction over the importation of "articles that infringe" a patent extends to articles that do not infringe any patent (DBN Holding Inc. and BDN LLC v. International Trade Commission, No. 16-63, U.S. Sup.).



Laches Presumption In Patent Cases Debated Before Supreme Court
WASHINGTON, D.C. - A finding by the Federal Circuit U.S. Court of Appeals that the presumption of laches is applicable in a patent infringement action filed more than six years after a patentee discovered allegedly infringing products was proper, the U.S. Supreme Court was told Nov. 1 (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).



Divided Federal Circuit Reverses Determination Of Patent Ineligibility
WASHINGTON, D.C. - Four patents relating to a data mediation software program recite a series of limitations that, "when considered individually and as an ordered combination," provide an inventive concept "sufficient to confer eligibility" under 35 U.S. Code Section 101, a divided Federal Circuit U.S. Court of Appeals ruled Nov. 1 (Amdocs [Israel] Limited v. Openet Telecom Inc., et al., No. 15-1180, Fed. Cir.; 2016 U.S. App. LEXIS 19593).



Federal Circuit Reaffirms: No Review Of Patent Board Reconsideration Decisions
WASHINGTON, D.C. - Nothing in the recent U.S. Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee (136 S. Ct. 2131 [2016]) alters a 2015 conclusion by the Federal Circuit U.S. Court of Appeals that a determination by the Patent Trial and Appeal Board to discontinue inter partes review (IPR) is not reviewable on appeal under 35 U.S. Code Section 314(d), the Federal Circuit ruled Oct. 20, denying a petition for rehearing (Medtronic Inc. v. Robert Bosch Healthcare Systems Inc., Nos. 15-1977, -1986, -1987, Fed. Cir.; 2016 U.S. App. LEXIS 18855).



Federal Circuit: Claim Construction, Infringement Findings Not Erroneous
WASHINGTON, D.C. - A Massachusetts federal judge properly construed various disputed terms of two patents relating to three-dimensional scaffolding for growing cells in vitro to produce organ tissue, the Federal Circuit U.S. Court of Appeals ruled Oct. 13 (Massachusetts Institute of Technology, et al. v. Shire Pharmaceuticals Inc., et. al., No. 15-1881, Fed. Cir.; 2016 U.S. App. LEXIS 18426).



Federal Circuit Upholds Construction, Stipulation Of Patent Infringement
WASHINGTON, D.C. - An Illinois federal judge properly construed various disputed terms of a patented method for creating custom footwear inserts for athletes, the Federal Circuit U.S. Court of Appeals concluded Oct. 26 (ProFoot Inc. v. Merck & Co. Inc., No. 16-1216, Fed. Cir.; 2016 U.S. App. LEXIS 19294).



Federal Circuit Vacates Fee Award For Timberlake, Spears In Patent Case
WASHINGTON, D.C. - A California federal judge's decision awarding pop singers Justin Timberlake and Britney Spears $755,925.86 in attorney fees under 35 U.S. Code Section 285 after the duo prevailed on allegations of patent infringement was vacated and remanded by the Federal Circuit U.S. Court of Appeals on Oct. 20 (Large Audience Display Systems LLC v. Tennman Productions LLC, et al., No. 15-2040, Fed. Cir.; 2016 U.S. App. LEXIS 18854).



Texas Federal Magistrate Judge Says Award Of Fees Not Warranted In Patent Case
MARSHALL, Texas - Under the operative standard for awarding attorney fees in a patent case, a Texas federal magistrate judge on Oct. 24 found that allegations that Cabela's Inc. infringed a patented system and method for processing transactions do not qualify as "exceptional" (E2E Processing Inc. v. Cabela's Inc., No. 14-36, E.D. Texas; 2016 U.S. Dist. LEXIS 147139).



Federal Circuit Affirms Indefiniteness Holding For 1 Patent, Reverses Another
WASHINGTON, D.C. - An Ohio federal judge's conclusion that two patents directed to dissipating heat from light emitting diode lamps are invalid was partly affirmed and partly reversed Oct. 27 by the Federal Circuit U.S. Court of Appeals (GE Lighting Solutions v. Lights of America Inc., et al., Nos. 2015-1979, -1980, -1981, -1982, -2044, Fed. Cir.; 2016 U.S. App. LEXIS 19362).



Pennsylvania Federal Judge Severs, But Won't Transfer, Antitrust Cases
PHILADELPHIA - Efforts by Endo Pharmaceuticals Inc., Watson Laboratories Inc., Allergan PLLC and Impax Laboratories Inc. to sever allegations that they violated the Federal Trade Commission and Clayton Acts by delaying market entry of two proposed generic drugs were successful on Oct. 20, when a Pennsylvania federal judge agreed that the challenged agreements, underlying circumstances and drugs "have nothing to do with each other" (Federal Trade Commission v. Endo Pharmaceuticals Inc., et al., No. 16-1440, E.D. Pa.; 2016 U.S. Dist. LEXIS 145329).



Michigan Federal Judge Bars Damages Experts' Opinions In Patent Infringement Suit
DETROIT - In a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Oct. 14 that damages experts failed to present a reliable methodology for a conjoint study to assist a jury in determining what portion of Garmin International Inc.'s profits could be attributed to the incremental value that the four patented features added to the overall value of the accused devices (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 142395).



Federal Circuit Says Marketing Of Generic Fortesta Would Infringe
WASHINGTON, D.C. - A bench trial held by a Texas federal judge correctly ended in findings that patents covering the testosterone gel Fortesta are not invalid as anticipated or obvious, as well as a ruling that the marketing of generic Fortesta would infringe the same patents, the Federal Circuit U.S. Court of Appeals ruled Oct. 14 (Endo Pharmaceuticals Inc., et al. v. Actavis Laboratories UT Inc., No. 16-1146, Fed. Cir.; 2016 U.S. App. LEXIS 18490).



California Federal Judge Partly Dismisses Induced Patent Infringement Claims
SAN FRANCISCO - Apple Inc. won partial dismissal on Oct. 21 of allegations that it induced others to infringe a patented process that facilitates video conferencing when a California federal judge agreed that one patent was not indirectly infringed; the judge denied dismissal as it relates to four other patents asserted in the action, however (Straight Path IP Group Inc. v. Apple Inc., No. 16-3582, N.D. Calif.; 2016 U.S. Dist. LEXIS 146262).



Michigan Federal Judge Sides With Defendant, Says Process Does Not Infringe
DETROIT - Allegations that a former licensee infringed a patented method and apparatus for micro-treating steel by continuing to use the technology after its license expired were rejected by a Michigan federal judge on Oct. 31 (SFP Works LLC v. Buffalo Armory LLC, No. 14-13575, E.D. Mich.; 2016 U.S. Dist. LEXIS 150112).



Takeda Takes Aim At Proposed Generic Drug In New Delaware Patent Case
WILMINGTON, Del. - An application by Mylan Pharmaceuticals Inc. to market a generic version of the brand-name drug Colcrys would infringe 17 patents, according to a lawsuit filed Oct. 24 in the U.S. District Court for the District of Delaware (Takeda Pharmaceuticals U.S.A. Inc. v. Mylan Pharmaceuticals Inc., No. 16-987, D. Del.).



Google Petition For Covered Business Method Patent Review Denied
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Oct. 25 turned away a request by Google Inc. for covered business method (CBM) patent review of five claims of a patent covering a location determination system (Google Inc. v. Locationet Systems Ltd., No. CBM2016-00062, PTAB).



Patent Board Rejects Appeal Of Earlier Holding, Denies Reconsideration
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Oct. 24 stood by its August 2016 ruling that upheld an examiner's rejection of 20 claims of an invention covering a hand-held device display management system (Ex parte Michael Muller, Appeal No. 2015-004131, PTAB).



Patent Board Affirms Final Rejection Of Seismic Data Gathering Application
ALEXANDRIA, Va. - A claimed invention relating to seismic streaming was properly rejected by a patent examiner as obvious in light of various prior art, the Patent Trial and Appeal Board affirmed Oct. 14 (Ex parte Husom, et al., No. 2014-009474, PTAB).



Patent Board Denies Review Of Patents Related To Natalizumab
ALEXANDRIA, Va. - Three petitions for inter partes review (IPR) of patents covering the immunosuppressant drug natalizumab - marketed under the brand name "Tysabri" - were denied Oct. 17 by the Patent Trial and Appeal Board (Swiss Pharma International AG v. Biogen IDEC, No. IPR2016-00912, PTAB).



Patent Board Grants Review Of Children's Play Yard Clip Patent
ALEXANDRIA, Va. - Deeming a petitioner likely to succeed on its claim that two claims of a patented clip used in connection with children's play yards are invalid as anticipated, the Patent Trial and Appeal Board on Oct. 17 granted inter partes review (IPR) (Graco Children's Products Inc. v. Kolcraft Enterprises Inc., No. IPR2016-00911, PTAB).



Tech Company Seeks U.S. High Court Review Of ITunes Patent Challenge Under Cuozzo
WASHINGTON, D.C. - A tech company asks the U.S. Supreme Court in an Oct. 11 petition for a writ of certiorari to answer when a petition fails to give "sufficient notice" and what constitutes the Patent Trial and Appeal Board (PTAB) acting outside its limits to permit judicial review under Cuozzo Speed Technologies, LLC v. Lee (136 S. Ct. 2131 [2016]) (SightSound Technologies LLC v. Apple Inc., No. 16-483, U.S. Sup.).



Johnson & Johnson Unit Asks High Court To Review Expert Misconduct In Patent Dispute
WASHINGTON, D.C. - Johnson & Johnson Vision Care Inc. (JJVC) argues in an Oct. 7 petition for a writ of certiorari that the Federal Circuit U.S. Court of Appeals erred in allowing Rembrandt Vision Technologies LP a new trial over alleged infringement of its contact lens patent in a petition seeking consideration on a split over when an expert's false testimony should justify a new trial (Johnson & Johnson Vision Care Inc. v. Rembrandt Vision Technologies LP, No. 16-489, U.S. Sup.).



Drug Companies Ask High Court To Review Actavis Role In Patent, Antitrust Case
WASHINGTON, D.C. - Responding to the U.S. solicitor general's amicus curiae brief, drug companies argue in an Oct. 19 supplemental brief to the U.S. Supreme Court that they disagree with the solicitor's position that FTC v. Actavis (133 S. Ct. 2223 [2013]) is not limited to cash payments when answering whether a reverse-payment agreement is immune from antitrust scrutiny if the consideration given by the brand-name manufacturer to the generic challenger is a promise to restrict its competition with the challenger after the challenger enters the market (SmithKline Beecham Corp., et al. v. King Drug Company of Florence Inc., No. 15-1055, U.S. Sup.).



Commil Asks For Rehearing By High Court Of Review In Patent Suit In Light Of Ruling
WASHINGTON, D.C. - Following the U.S. Supreme Court's denial of certiorari in a dispute over the proper standard for disregarding or crediting the technical testimony of qualified experts when overturning a jury verdict of direct patent infringement, Commil USA LLC argues for a rehearing in an Oct. 25 petition in light of an en banc decision in Apple Inc. v. Samsung Elecs. Co. (Nos. 2015-1171, -1195, -1994, 2016 U.S. App. LEXIS 18225 [Fed. Cir. Oct. 7, 2016]) (Commil USA LLC v. Cisco Systems Inc., No. 15-1446, U.S. Sup.).