Preview: LexisNexisÂ® Mealey'sâ„¢ Patents Legal News
LexisNexis® Mealey's™ Patents Legal News
Headline Patents Legal News from LexisNexis®
Federal Circuit Upholds Validity Analysis In Utility, Design Patent Case
WASHINGTON, D.C. - A Utah federal judge properly deemed various claims of two patents invalid as anticipated and obvious, the Federal Circuit U.S. Court of Appeals ruled Feb. 2 in a dispute over decorative laminate architectural panels (3form Inc. v. Lumicor Inc., No. 16-1535, Fed. Cir., 2017 U.S. App. LEXIS 1837).
Federal Circuit Upholds Patent Board Finding Of Nonobviousness
WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of patent invalidity allegations with regard to 16 claims of a system and method for gathering website feedback was affirmed Feb. 13 by the Federal Circuit U.S. Court of Appeals (Qualtrics LLC v. OpinionLab Inc., No. 16-1177, Fed. Cir.).
Arizona Federal Judge Transfers Patent Dispute To Florida Court
PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation, et al. v. Micro Processing Technology Inc., No. 16-1055, D. Ariz.; 2017 U.S. Dist. LEXIS 17753).
Texas Federal Magistrate Won't Transfer Patent Case To Oklahoma Court
MARSHALL, Texas - A request by Garmin International Inc. and Garmin USA Inc. (Garmin, collectively) to transfer a patent infringement lawsuit to the U.S. District Court for the Northern District of Oklahoma was rejected Feb. 6 by a Texas federal magistrate judge (Navico Inc. and Navico Holding AS v. Garmin International Inc., et al., No. 16-190, E.D. Texas, 2017 U.S. Dist. LEXIS 15951).
Texas Federal Judge: Design Patent Case Should Proceed In New York Court
HOUSTON - A dispute over two design patents covering ornamental women's sandals should be litigated in the U.S. District Court for the Southern District of New York where an infringement defendant is headquartered, a Texas federal judge concluded Feb. 10 (JPT Group LLC v. Balenciaga America Inc., No. 16-1596, S.D. Texas, 2017 U.S. Dist. LEXIS 19003).
Texas Federal Judge Adopts Report, Grants Relief In Patent Case
MARSHALL, Texas - Findings by a Texas federal magistrate judge that Mylan Institutional LLC and Apicore US LLC (Mylan, collectively) are entitled to a preliminary injunction barring competitors from making and selling generic isosulfan blue were adopted in full Feb. 7 by a Texas federal judge (Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al., No. 16-491, E.D. Texas, 2017 U.S. Dist. LEXIS 16797).
2nd Circuit Partly Vacates Dismissal Of Antitrust Claims In Patent Dispute
NEW YORK - A New York federal judge's decision to dismiss allegations that Takeda America Holdings Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Development Center Americas Inc. and Takeda Pharmaceuticals Co. Ltd. (Takeda, collectively) violated state law analogs of the Sherman Act, 15 U.S.C. 2, by preventing competitors from marketing a generic version of the diabetes drug ACTOS was partly vacated by the Second Circuit U.S. Court of Appeals Feb. 8 (In re: ACTOS End-Payor Antitrust Litigaiton, No. 15-3364, 2nd Cir., 2017 U.S. App. LEXIS 2291).
Federal Circuit Vacates Patent Board Rulings, Citing Covenant Not To Sue
WASHINGTON, D.C. - In a Feb. 9 holding, the Federal Circuit U.S. Court of Appeals found that a party seeking re-examination of two can coating patents did have standing to appeal a final decision by the Patent Trial and Appeal Board because there was an Article III case or controversy between the parties at the time the appeal was filed (PPG Industries Inc. v. Valspar Sourcing Inc., Nos. 16-1406, -1409, Fed. Cir.).
Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations
WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 16-1785, Fed. Cir., 2017 U.S. App. LEXIS 2393).
Judge OKs Adding Defend Trade Secrets Act Claim To Complaint
SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).
In Final Decision, Patent Board Upholds Rejection Of Patent Claims
ALEXANDRIA, Va. - A patent examiner properly rejected 20 claims of an invention relating to a touch pad enablement in an information handling system as unpatentable under the Patent Act, 35 U.S.C. 103(a), the Patent Trial and Appeal Board ruled Feb. 7 (Ex parte Erin K. Walline and Robert C. Nerhood II, No. 2016-002625, PTAB).
Patent Board Rejects Patent Challenge, Confirms Validity Of Claims
ALEXANDRIA, Va. - Despite previously instituting inter partes review (IPR), the Patent Trial and Appeal Board on Feb. 3 in a final written decision upheld all challenged claims of a patent covering individually formed footwear (Zero Gravity Inside Inc. v. Footbalance System OY, No. IPR2015-01769, PTAB).
Patent Board Denies Review Of Immune System Boosting Patent
ALEXANDRIA, Va. - A request by Forty Seven Inc. for inter partes review (IPR) of a single claim of a patent relating to a method of boosting the immune system was denied by the Patent Trial and Appeal Board on Feb. 9 (Forty Seven Inc. v. Stichting Sanquin Bloedvoorziening, No. IPR2016-01529, PTAB).
Patent Board Denies Roxane Request For Inter Partes Review
ALEXANDRIA, Va. - A Novartis AG patent covering a tumor treatment will not be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Feb. 13 (Roxane Laboratories Inc. v. Novartis AG, No. IPR2016-01461, PTAB).
Company Tells High Court To Keep Interpretation On Venue Statutes In Patent Suit
WASHINGTON, D.C. - A producer and supplier of liquid water enhancers and zero calorie sweeteners argues in a Jan. 30 brief to the U.S. Supreme Court that its interpretation of the statutory phrase "the judicial district where the defendant resides" "mean[s] the state of incorporation only" and that the venue is "not to be supplemented" by other provisions (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).
Software Developer Asks High Court To Abandon PTO's Review Procedures
WASHINGTON, D.C. - The U.S. Supreme Court should review an appellate court ruling that the U.S. Patent Trial and Appeal Board's (PTAB) final decision in an inter partes review (IPR) did not need to address every challenged patent claim but rather only some, an analytic software developer says in a Jan. 31 petition (SAS Institute Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.).
Oil Services Company Tells High Court To Deny Review On IPR's Constitutionality
WASHINGTON, D.C. - In response to a petition asking for a U.S. Supreme Court decision on whether inter partes review (IPR) violates the U.S. Constitution, an oilfield services company argues in a Jan. 30 opposition brief that the Federal Circuit U.S. Court of Appeals "has repeatedly and correctly rejected the argument that the Constitution prohibits the Patent and Trademark Office (PTO) from correcting its own error in issuing a patent that fails the statutory requirements" (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).
Patent Owner: Rehearing Of Federal Circuit Summary Affirmance Is Warranted
WASHINGTON, D.C. - A January affirmance without opinion of the Patent Trial and Appeal Board by the Federal Circuit U.S. Court of Appeals in a dispute over the results of an inter partes review should be reheard, the patent owner told the Federal Circuit Feb. 9 (Leak Surveys Inc. v. FLIR Systems Inc., Nos. 16-1299, -1300, Fed. Cir.).
Drug Maker Tells Federal Circuit Ruling Invalidating Velcade Patent Was Error
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Feb. 6 heard oral arguments in a dispute over the cancer-fighting prodrug Velcade, following findings in 2015 by a Delaware federal judge that the patent covering the pharmaceutical composition is invalid (Millennium Pharmaceuticals Inc. v. Sandoz Inc., et al., Nos. 2015-2066, 2016-1008, -1009, -1010, -1109, -1110, -1283, Fed. Cir.).
Texas Federal Magistrate Judge Denies Fees Despite Willful Infringement Verdict
MARSHALL, Texas - Weeks after it was awarded $17.4 million as a reasonable royalty on willful patent infringement by Smith & Nephew Inc. and Arthrocare Corp. (Smith & Nephew, collectively), Arthrex Inc. was denied an award of attorney fees by a Texas federal magistrate judge on Jan. 25 (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 15-1047, E.D. Texas; 2017 U.S. Dist. LEXIS 10141).
Federal Circuit Upholds Denial Of Damages Claim In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).
Federal Circuit Vacates, Remands Noninfringement Judgment In Patent Row
WASHINGTON, D.C. - A Texas federal judge's summary judgment that a defendant did not infringe a patented process for producing the antioxidant coenzyme CoQ10 was reversed and remanded Jan. 23 by the Federal Circuit U.S. Court of Appeals (Zhejiang Medicine Co. Ltd. and ZMC-USA LLC v. Kaneka Corp., No. 16-1390, Fed. Cir.).
Federal Circuit Affirms Preliminary Injunction In Water Balloon Patent Case
WASHINGTON, D.C. - A Texas federal judge did not abuse his discretion in finding that the owner of a patented mechanism for filling water balloons was likely to succeed on its claim that a competitor committed patent infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (Tinnus Enterprises LLC v. Telebrands Corporation, No. 16-1410, Fed. Cir.).
Federal Circuit Vacates Injunction, Claim Construction In Patent Case
WASHINGTON, D.C. - A preliminary injunction granted by an Illinois federal judge was premised on an erroneous construction of the disputed claim term "controller" as it appears in a patent relating to garage door openers, the Federal Circuit U.S. Court of Appeals ruled Jan. 25 (The Chamberlain Group Inc. v. Techtronic Industries North America Inc., et al., Nos. 16-2713, 17-1220, Fed. Cir.; 2017 U.S. App. LEXIS 1294).
Federal Magistrate Judge Allows Amended Trade Secret, Patent Claims
TRENTON, N.J. - A dispute over methodologies and inventions used in the gaming industry will proceed with new allegations of trade secret misappropriation and patent infringement, a New Jersey federal magistrate judge ruled Jan. 24 in an unpublished decision (High Five Games LLC v. Daniel Marks, et al., No. 13-7161, D. N.J.; 2017 U.S. Dist. LEXIS 9302).
California Federal Magistrate Judge Won't Allow Amended Patent Complaint
SAN FRANCISCO - Efforts by a plaintiff to file an amended complaint to address an adverse claim construction ruling were rejected Jan. 30 by a California federal magistrate judge (VIA Technologies Inc. v. Asus Computer International, No. 14-3586, N.D. Calif., 2017 U.S. Dist. LEXIS 12614).
Federal Circuit: Patent Invalidity Challenge Properly Rejected
WASHINGTON, D.C. - An Illinois federal judge did not err in concluding, following a bench trial, that a defendant's assertion of patent invalidity fails as a matter of law, the Federal Circuit U.S. Court of Appeals ruled Jan. 26 (Cumberland Pharmaceuticals v. Mylan Institution LLC, et al., Nos. 16-1155, -1259, Fed. Cir.; 2017 U.S. App. LEXIS 1375).
Following Bench Trial, Delaware Federal Judge Deems Patents Invalid
WILMINGTON, Del. - In a consolidated patent dispute over plans by myriad defendants to market and sell generic Copaxone, a Delaware federal judge on Jan. 30 deemed the four patents that cover the brand-name drug invalid under the Patent Act, 35 U.S.C. 103(a) (In re: Copaxone Consolidated Cases, No. 14-1171, D. Del., 2017 U.S. Dist. LEXIS 12168).
Patent Claims Against Automakers Dismissed By New York Federal Judge
NEW YORK - Allegations that myriad automakers - including Ford Motor Co., Toyota Motor Corp. and General Motors LLC - infringed a patented book holder were dismissed Feb. 1 by a New York federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6) (Chikezie Ottah v. BMW, et al., No. 15-2465, S.D. N.Y., 2017 U.S. Dist. LEXIS 14074).
BMW Seeks Inter Partes Review Of Information Sharing Patent
ALEXANDRIA, Va. - A patented system and method for sharing information in a distributed system of different networks is invalid under the Patent Act, according to a Jan. 18 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (BMW of North America LLC v. Stragent LLC, No. IPR2017-00676, PTAB).
Patent Board Turns Away Fujitsu Patent Challenge
ALEXANDRIA, Va. - In a ruling issued Jan. 31, the Patent Trial and Appeal Board rejected assertions by Fujitsu Network Communication Inc. that a patented cross-polarization interference canceler (XPIC) is unpatentable under the Patent Act, 35 U.S.C. 103(a) (Fujitsu Network Communication Inc. v. Core Optical Technologies LLC, No. IPR2016-01618, PTAB).
Impression Argues To High Court: Patentee May Not Avoid Patent Exhaustion
WASHINGTON, D.C. - A patentee may not avoid patent exhaustion "by selling its goods with putative post-sale restrictions attached," Impression Products Inc. argues in a Jan. 17 brief to the U.S. Supreme Court in response to the question of whether foreign sales exhaust a patent owner's right to sue and if they 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.).
Patent Owner Seeks Review In Lawsuit With Apple Over Claim Construction
WASHINGTON, D.C. - Patent owners ask the U.S. Supreme Court in a Dec. 22 petition for writ of certiorari to answer whether claim construction presumes that "the ordinary meaning as understood by a person of skill in the art is the correct construction for claim terms, absent a redefinition or disclaimer in the patent specification" and whether the specification limits "the scope of claim terms to capture the 'actual invention' as implemented in the exemplary embodiments provided in the specification" (Wi-LAN USA Inc. and Wi-LAN Inc. v. Apple Inc., No. 16-913, U.S. Sup.).
Patent Owner Asks High Court For Clarification Of Eligibility Under Diehr/Alice
WASHINGTON, D.C. - The U.S. Supreme Court must consider whether a patent for a software-implemented industrial process that regulates and controls the operation of an oil rig, which was patent eligible under 35 U.S.C. 101 in Diamond v. Diehr, 450 U.S. 175 (1981), can be rendered patent ineligible by Alice Corp. v. CLS Bank Int'l, 134 S. Ct. 2347, 2354 (2014), TDE Petroleum Data Solutions Inc. argues in its Jan. 13 petition (TDE Petroleum Data Solutions Inc. v. AKM Enterprise Inc. and DBA Mobilize Inc., No. 16-890, U.S. Sup.).
DuPont Asks High Court To Review Obviousness Of Printing Patents Under KSR
WASHINGTON, D.C. - E.I. du Pont de Nemours & Co. in a Jan. 18 petition asks the U.S. Supreme Court to answer whether the Seventh Amendment to the Constitution and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), allow a court to find a claimed invention obvious on summary judgment because elements of the claimed invention may have existed in prior art (E.I. du Pont de Nemours & Co. v. MacDermid Printing Solutions LLC, No. 16-905, U.S. Sup.).
Supreme Court Grants Certiorari In Patent Dispute Over Biologics
WASHINGTON, D.C. - In its Jan. 13 orders list, the U.S. Supreme Court announced that it will hear a closely watched dispute between two drug makers over their competing interpretations of several provisions of the Biologics Price Competition and Innovation Act (BPCIA) (Sandoz, Inc. v. Amgen, Inc., No. 15-1039, U.S. Sup.; Amgen Inc. v. Sandoz Inc., No. 15-1195, U.S. Sup.).
Supreme Court Denies Certiorari In 4 Patent Disputes
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16-366; Lifescan Scotland Ltd. v. Pharmatech Solutions Inc., No. 16-377; Merck & Cie et al. v. Watson Laboratories, No. 16-493, U.S. Sup.).
Federal Circuit Affirms: Cancer Treatment Method Would Infringe
WASHINGTON, D.C. - An Indiana federal judge properly found that under Akamai Technologies Inc. v. Limelight Networks Inc. (797 F.3d 1020, 1022 [Fed. Cir. 2015]) (Akamai V), a proposed generic chemotherapy drug would indirectly infringe "methods of treatment" claimed by an Eli Lilly & Co. patent, the Federal Circuit U.S. Court of Appeals ruled Jan. 12 (Eli Lilly & Co. v. Teva Parental Medicines Inc., et al., No. 15-2067, Fed. Cir.; 2017 U.S. App. LEXIS 555).
Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit
WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson Inc., No. 15-1766, -1794, Fed. Cir.; 2017 U.S. App. LEXIS 769).
Delaware Federal Judge: Bloomberg Entitled To Prevail In Patent Case
WILMINGTON, Del. - Allegations that Bloomberg L.P. and Bloomberg Finance L.P. (Bloomberg, collectively) infringed a patented method for providing subscribers with real-time financial market information were rejected Jan. 19 by a Delaware federal judge in response to a defense motion for summary judgment (Quest Licensing Corporation v. Bloomberg L.P. and Bloomberg Finance L.P., No. 14-561, D. Del.; 2017 U.S. Dist. LEXIS 7200).
Federal Magistrate Judge Largely Rules Against Google In Chrome Patent Case
MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology "appears sound" (Alfonso Cioffi, et al. v. Google Inc., No. 13-103, E.D. Texas; 2017 U.S. Dist. LEXIS 2614).
Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement
WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America and ZF Sachs AG, No. 16-1448, Fed. Cir.; 2017 U.S. App. LEXIS 325).
Federal Circuit Says Patent Challenger Lacks Standing To Appeal
WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir.; 2017 U.S. App. LEXIS 323).
Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).
Patent Board Denies Intel Request For Inter Partes Review
ALEXANDRIA, Va. - A petition for inter partes review (IPR) of a patented method for reducing power consumption in integrated circuits was denied Jan. 10 by the Patent Trial and Appeal Board (Intel Corp. v. Future Link Systems LLC, No. IPR2016-01400, PTAB).
Patent Board Grants Mylan Request For Review Of Cancer Treatment Patent
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Jan. 10 granted a petition for inter partes review (IPR) of a patented cancer treatment method but denied a petitioner's request for joinder with a similar IPR (Mylan Pharmaceuticals Inc. v. Janssen Oncology Inc., No. IPR2016-01332, PTAB).
Patent Board Rejects Volkswagen Challenge To Audio Integration Patent
ALEXANDRIA, Va. - Allegations by Volkswagen of America Inc. that a patented audio device integration system would have been obvious to one of ordinary skill in the art were rejected Jan. 13 by the Patent Trial and Appeal Board (Volkswagen of America Inc. v. Blitzsafe Texas LLC, No. IPR2016-01448, PTAB).
Amerigen Seeks Patent Board Review Of Shire ADHD Drug
ALEXANDRIA, Va. - A patented pharmaceutical composition containing three different beads of amphetamine salts is unpatentable pursuant to 35 U.S. Code Sections 102(b) and 103, Amerigen Pharmaceuticals Limited argues in a Jan. 13 petition for inter partes review (IPR) (Amerigen Pharmaceuticals Limited v. Shire LLC, No. IPR2017-00665, PTAB).
Inter Partes Review Request Filed By Facebook, Instagram
ALEXANDRIA, Va. - Just three months after seeking inter partes review (IPR) by the Patent Trial and Appeal Board of a media delivery patent, Facebook Inc. and Instagram LLC on Jan. 15 filed a second petition for IPR of the same patent (Facebook Inc., et al. v. Skky LLC, No. IPR2017-00688, PTAB).
Patent Owner Asks Court To Answer If Inter Partes Review Is Unconstitutional
WASHINGTON, D.C. - The U.S. Supreme Court has been asked in a Nov. 23 petition filed by a patent owner to decide whether inter partes review (IPR) violates the U.S. Constitution by "extinguishing private property rights through a non-Article III forum without a jury" (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).
Patent Owner Asks High Court To Review Federal Circuit Authority Over PTO
WASHINGTON, D.C. - A patent owner argues in its Jan. 10 reply brief in further support that the U.S. Supreme Court should determine whether the Federal Circuit U.S. Court of Appeals can "impute a patent law claim into a complaint that does not explicitly contain a claim arising under patent law in order to exert appellate jurisdiction" (Big Baboon Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office, et al., No. 16-496, U.S. Sup.).
Apple Tells High Court Not To Remand ITunes Patent Challenge Under Cuozzo
WASHINGTON, D.C. - Apple Inc. argues in a Jan. 9 supplemental brief that the U.S. Supreme Court should not remand a case asking 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 because there are questions left unanswered by Cuozzo Speed Technologies LLC v. Lee (136 S. Ct. 2131 ) (SightSound Technologies LLC v. Apple Inc., No. 16-483, U.S. Sup.).
Patent Owner Seeks High Court Review Of Finding Under Step 2 Of Alice
WASHINGTON, D.C. - A patent owner petitioned the U.S. Supreme Court on Jan. 5 to answer if patent claims can be invalidated under 35 U.S. Code Section 101 by finding under step two of Alice Corp. Pty. Ltd. v. CLS Bank Int'l. (134 S. Ct. 2347 ) that the claims "involve the conventional implementation of an abstract concept" based upon evidence "that the ordered combinations of hardware in the claims are unconventional apparatuses with novel applications" (IPLearn-Focus LLC v. Microsoft Corp., No. 16-859, U.S. Sup.).