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Preview: LexisNexis® Mealey's™ Patents Legal News

LexisNexis® Mealey's™ Patents Legal News



Headline Patents Legal News from LexisNexis®



 



Federal Circuit Vacates Written Description Findings By Patent Board
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that various claims of patents owned by the board of trustees of the Leland Stanford Junior University are unpatentable for lack of written descriptive support were erroneous, the Federal Circuit U.S. Court of Appeals ruled June 27 (Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong, No. 15-2011, Fed. Cir., 2017 U.S. App. LEXIS 11382).



Federal Circuit Reverses Denial Of Fee Award In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a prevailing patent infringement defendant an award of attorney fees was reversed July 5 by the Federal Circuit U.S. Court of Appeals (AdjustaCam LLC v. Newegg Inc., et al., No. 16-1882, Fed. Cir., 2017 U.S. App. LEXIS 11922).



Federal Circuit Affirms Denial Of Fees, Reverses Dismissal With Prejudice
WASHINGTON, D.C. - Although a Texas federal judge did not err in denying a request for attorney fees by myriad defendants in a patent action, his decision to dismiss an invalidity counterclaim with prejudice was reversed July 5 by the Federal Circuit U.S. Court of Appeals (Parallel Networks LLC v. Kayak Software Corporation, et al., Nos. 15-1681, 16-1944, Fed. Cir., 2017 U.S. App. LEXIS 11921).



New York Federal Judge Won't Reconsider Fee Award In Patent Case
NEW YORK - A December 2016 ruling that a patent plaintiff and its attorneys pursued their case in bad faith will not be revisited, a New York federal judge ruled July 6 (AlphaCap Ventures LLC v. Gust Inc., No. 15-6192, S.D. N.Y., 2017 U.S. Dist. LEXIS 104411).



Timing Of Email Dooms Sanctions Request In Design Patent Case
BOSTON - Allegations of design patent infringement were withdrawn within the 21-day safe harbor period proscribed by Federal Rule of Civil Procedure 11, a Massachusetts federal judge ruled July 6 in denying a request for sanctions (Caffeinate Labs Inc. v. Vante Inc., et al., No. 16-12480, D. Mass, 2017 U.S. Dist. LEXIS 104265).



Blood Pressure Medicine Insurance Action Remanded After Patent Claims Dismissed
CHICAGO - Dismissal of a couple's antitrust and patent claims against a name-brand blood pressure medicine manufacturer for lack of standing leaves only state-based claims against an insurer for failing to cover the drug, a federal judge in Illinois held July 5 in remanding the action (Tarek Farag and Soona Farag v. Health Care Service Corp., d/b/a Blue Cross Blue Shield of Illinois and Novartis Pharmaceuticals Corp., No. 17-2547, N.D. Ill., 2017 U.S. Dist. LEXIS 103302).



Delaware Federal Judge Won't Dismiss Patent Claim On Section 101 Grounds
WILMINGTON, Del. - An effort by a defendant to obtain dismissal of allegations that it infringed a patented invention that - among other things - would purportedly replace human meter readers was unsuccessful July 11, when a Delaware federal judge ruled that the case should proceed (Smart Meter Technologies Inc. v. Duke Energy Corporation, No. 16-208, D. Del., 2017 U.S. Dist. LEXIS 106493).



Federal Circuit Partly Affirms, Partly Vacates In Appeal Of Patent Board Ruling
WASHINGTON, D.C. - Google Inc. prevailed outright in its cross-appeal of an adverse determination of patentability by the Patent Trial and Appeal Board, when the Federal Circuit U.S. Court of Appeals on July 10 ruled that 11 claims of a touch-screen, image-generating patent were erroneously deemed not anticipated or obvious (Google Inc. v. Intellectual Ventures II LLC, Nos. 16-1543, -1545, Fed. Cir., 2017 U.S. App. LEXIS 12234).



Federal Circuit Vacates Denial Of Injunction In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a patent plaintiff permanent injunctive relief, following a jury verdict of infringement, was vacated by the Federal Circuit U.S. Court of Appeals on July 11 (Genband US LLC v. Metaswitch Networks Corp., et al., No. 17-1148, Fed. Cir., 2017 U.S. App. LEXIS 12233).



House Subcommittee Holds Hearing On Impact Of 'Bad' Patents, Trolls
WASHINGTON, D.C. - U.S. Rep. Darrel Issa, R-Calif., on July 13 deemed "reprehensible" a recent interpretation by U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas of the U.S. Supreme Court's holding in TC Heartland LLC v. Kraft Foods Grp. Brands LLC during a meeting of the House Judiciary Committee Subcommittee on Courts, Intellectual Property and the Internet.



California Magistrate Judge Dismisses Trade Secret, Copyright Misuse Claims
SAN FRANCISCO - An affirmative defense of copyright misuse was stricken by a California federal judge on July 5 in a dispute over golf club and golf training aid designs (Jonathan Wang v. Golf Tailor LLC, No. 17-898, N.D. Calif., 2017 U.S. Dist. LEXIS 103654).



Collapsible Shoe Patent Would Have Been Obvious, New Petition Alleges
ALEXANDRIA, Va. - In a request for inter partes review filed June 28, a patent owned by Reebok International Ltd. that discloses a collapsible shoe was accused of unpatentability pursuant to Section 103 of the Patent Act, 35 U.S.C. 103 (Elite Performance Footwear LLC v. Reebok International Ltd., No. IPR2017-01689, PTAB).



Finjan Patent Accused Of Obviousness In New Inter Partes Review Petition
ALEXANDRIA, Va. - In a July 4 filing before the Patent Trial and Appeal Board, a petitioner claimed that a Finjan Inc. patent covering anti-virus software is obvious and anticipated under Sections 102 and 103(a) of the Patent Act, 35 U.S.C. 102, 103(a) (ESET LLC v. Finjan Inc., No. IPR2017-01738, PTAB).



Sony Digital Signal Patent Challenged In New Inter Partes Review Petition
ALEXANDRIA, Va. - A patent covering a system that supplies digital signals in a variety of formats to accommodate different types of external units, assigned by its inventors to Sony Corp., would have been obvious to a person of ordinary skill in the art, several petitioners allege in a July 11 filing with the Patent Trial and Appeal Board (ARRIS International plc, et al. v. Sony Corporation, No. IPR2017-01699, PTAB).



Text Entry Method Patent Challenged By Microsoft In New PTAB Petition
ALEXANDRIA, Va. - In a July 11 petition for inter partes review filed with the Patent Trial and Appeal Board, Microsoft Corp. and Microsoft Mobile Inc. allege that a patent that claims a method of text entry on devices such as handheld computers would have been obvious as of the patent's priority date of June 2001 (Microsoft Corporation, et al. v. Koninklijke Philips Electronics N.V., No. IPR2017-01766, PTAB).



Post-Grant Review Of Oral Lisinopril Patent Sought By Drug Maker
ALEXANDRIA, Va. - In a July 10 petition for post-grant review (PGR), a pharmaceutical company and a limited liability company that bills itself as a "partner" in inter partes review proceedings alleged that a patent covering an oral, liquid lisinopril formulation should not have been issued (KVK-Tech Inc., et al. v. Silvergate Pharmaceuticals Inc., No. PGR2017-00039, PTAB).



Claim Constructions Debated In New Patent Appeal To Federal Circuit
WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).



Patent Owner: Apparatus Claims Erroneously Deemed Indefinite
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 13 heard oral arguments in a dispute in which Microsoft Corp. prevailed on allegations that two data-mining patents are indefinite (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir.).



Federal Circuit Holds Oral Arguments In Apple, Rembrandt Patent Case
WASHINGTON, D.C. - A panel of Federal Circuit U.S. Judges Sharon Prost, Raymond T. Chen and Todd M. Hughes heard oral argument on July 10 in a case that asserts that a California federal judge erroneously granted defendant Apple Inc. summary judgment on allegations of patent infringement (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).



Ericsson Tells Federal Circuit Patent Board Erred In Confirming Patentability
WASHINGTON, D.C. - A patent challenger recently told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board "violated a basic tenet of patent law" in turning away allegations of obviousness presented in a petition for inter partes review (IPR) (Ericsson Inc. v. Intellectual Ventures I LLC, No. 17-1521, Fed. Cir.).



Supreme Court Invites Government Views In Apple, Samsung Patent Case
WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable harm (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Supreme Court Denies Review Of Patent Definiteness Standard
WASHINGTON, D.C. - In its June 19 orders list, the U.S. Supreme Court rejected a petition for certiorari in a case questioning the general rule that each element in a patent claim is material to an invention's scope when assessing definiteness under Section 112 of the Patent Act, 35 U.S. Code 112 (Cox Communications Inc., et al. v. Sprint Communications Company LP, et al., No. 16-1106, U.S. Sup.).



Federal Circuit Affirms: Method Of Testing Bodily Samples Not Patent Eligible
WASHINGTON, D.C. - An Ohio federal judge did not err in deeming three patents for testing bodily samples for myeloperoxidase (MPO) ineligible for patent protection under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled June 16 (Cleveland Clinic Foundation, et al. v. True Health Diagnostics LLC, No. 16-1766, Fed. Cir., 2017 U.S. App. LEXIS 10672).



Federal Circuit Affirms Dismissal Of Patent Case, Finds Jurisdiction Lacking
WASHINGTON, D.C. - A Kansas federal judge's reliance, in dismissing on jurisdiction grounds, on a choice-of-law provision in a nondisclosure agreement (NDA) between a patent owner and a potential licensee was not erroneous, the Federal Circuit U.S. Court of Appeals ruled June 19 (NexLearn LLC v. Allen Interactions Inc., No. 16-2170, Fed. Cir., 2017 U.S. App. LEXIS 10735).



Delaware Federal Jury Awards $235 Million On Patent Infringement Claims
WILMINGTON, Del. - A drug maker was ordered June 20 by a jury empaneled before U.S. Judge Leonard P. Stark of the District of Delaware to pay GlaxoSmithKline PLC (GSK) $235.5 million in damages in connection with its marketing of generic Coreg as a treatment for chronic heart failure (CHF) (GlaxoSmithKline PLC v. Teva Pharmaceuticals USA Inc., No. 14-877, D. Del.).



California Federal Judge Won't Strike Patent Infringement Counterclaim
SAN FRANCISCO - A motion by declaratory judgment plaintiff Comcast Cable Communications to strike with prejudice infringement contentions relating to five patents was denied June 20 by a California federal judge (Comcast Cable Communications v. OpenTV Inc. and Nagravision SA, No. 16-6180, N.D. Calif., 2017 U.S. Dist. LEXIS 94117).



Grant Of Priority By Patent Board Upheld By Federal Circuit
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that a high amount of experimentation is necessary to synthesize a claimed compound for treating hepatitis C and that a provisional application did not enable the interference subject matter were affirmed June 21 by the Federal Circuit U.S. Court of Appeals (Richard Storer, et al. v. Jeremy Clark, No. 15-1802, Fed. Cir.).



Federal Circuit Rules Against Samsung, Confirms Validity Of Patents
WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc., et al. v. Straight Path IP Group Inc., Nos. 2016-2004, -2008, -2009, -2019, -2020, -2021, -2112, -2113, -2114, -2182, -2183, -2184, Fed. Cir., 2017 U.S. App. LEXIS 11162).



Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials
WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



Federal Circuit Reverses, Vacates Noninfringement Judgment, Fee Award
WASHINGTON, D.C. - In a June 23 ruling, the Federal Circuit U.S. Court of Appeals found that a Texas federal judge erroneously granted a defendant summary judgment of noninfringement with regard to a wastewater treatment system patent (Mark N. Chaffin v. Michael R. Braden, et al., No. 16-2572, Fed. Cir., 2017 U.S. App. LEXIS 11164).



Crossbow Assembly Targeted In New Petition For Inter Partes Review
ALEXANDRIA, Va. - The Patent Trial and Appeal Board was asked June 19 to review the patentability of a release assembly for a crossbow on grounds that the assembly was anticipated by a prior art crossbow marketed as "Stryker" (Ravin Crossbows v. Precision Shooting Equipment Inc., No. IPR2017-01640, PTAB).



Patent Board Enters Adverse Judgment, Cancels Claims
ALEXANDRIA, Va. - At the request of a patent owner, the Patent Trial and Appeal Board on June 19 entered an adverse judgment, canceling eight claims of a semiconductor patent (Broadcom Limited v. Tessera Inc., No. IPR2017-00889, PTAB).



Patent Covering Diabetes Drug Fortamet At Issue In New Review Petition
ALEXANDRIA, Va. - In a June 23 petition for inter partes review (IPR), Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. (Aurobindo, collectively) took aim at the patented pharmaceutical formulation metformin hydrochloride, marketed as extended-release tablets by Andrx Corp. under the brand name Fortamet (Aurobindo Pharma Ltd. and Aurobindo Pharma USA Inc. v. Andrx Corporation, No. IPR2017-01673, PTAB).



Microsoft Tells Patent Board: Dialect Translator Patent Is Obvious
ALEXANDRIA, Va. - Several months after Google Inc. failed to persuade the Patent Trial and Appeal Board to review various claims of a patent directed to the digital translation technique of "dialectal standardization" Microsoft Corp. requested inter partes review (IPR) of many of the same claims, but asserting different prior art (Microsoft Corp. v. Improved Search LLC, No. IPR2017-01614, PTAB).



In Final Written Decision, Patent Board Upholds Fraud Detection Patent
ALEXANDRIA, Va. - Assertions of obviousness levied in connection with a patented process for detecting fraudulent conduct based upon a user's telephone number were rejected June 26 by the Patent Trial and Appeal Board (Twilio Inc. v. Telesign Corp., No. IPR2016-00360, PTAB).



Dispute Over Radio Frequency ID Patents Briefed Before Federal Circuit
WASHINGTON, D.C. - A Georgia federal judge erroneously rejected various patents covering a specialized radio frequency identification (RFID) system as unpatentable under Section 101 of the Patent Act, 35 U.S.C. 101, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Automated Tracking Solutions LLC v. The Coca-Cola Company, No. 17-1494, Fed. Cir.).



Patent Dispute Over 'Versa' Board Debated Before Federal Circuit
WASHINGTON, D.C. - An infringement action over the "Versa" water recreation board was terminated on the basis of an erroneous summary judgment of patent obviousness, the patent owner recently told the Federal Circuit U.S. Court of Appeals (ZUP Inc. v. Nash Manufacturing Inc., No. 17-1601, Fed. Cir.).



Retroactive Application Of Abrogated Patent Pleading Standard Briefed
WASHINGTON, D.C. - In dismissing an infringement action for failure to state a claim, a Georgia federal judge erroneously imposed a heightened pleading requirement in response to the abrogation of Federal Rule of Civil Procedure 84 and Form 18 of the Appendix of Forms, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Disc Disease Solutions Inc. v. VGH Solutions Inc., et al., No. 17-1483, Fed. Cir.).



Federal Circuit Poised To Rule On Allegation Oracle Infringed Patent
WASHINGTON, D.C. - The propriety of a summary judgment by a California federal judge that Oracle Corp. did not infringe a patented middleware software program will be argued July 10 before the Federal Circuit U.S. Court of Appeals (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir.).



Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction
WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme Court ruled June 12 (Sandoz Inc. v. Amgen Inc., et al., No. 15-1039 and 15-1195, U.S. Sup.).



Constitutionality Of Inter Partes Review To Be Decided By Supreme Court
WASHINGTON, D.C. - The U.S. Supreme Court granted certiorari on June 12 in a dispute over the constitutionality of inter partes review (IPR) by the Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Deeply Divided Federal Circuit Denies Rehearing In Dispute Over CBM Scope
WASHINGTON, D.C. - In a June 6 order, the Federal Circuit U.S. Court of Appeals announced it will not rehear - en banc, or by the original three-judge panel - a dispute over what constitutes a covered business method (CBM) patent (Secure Axcess LLC v. PNC Bank National Association, et al., No. 16-1353, Fed. Cir.).



Michelle Lee Submits Resignation, Leaves PTO
WASHINGTON, D.C. - U.S. Secretary of Commerce Wilbur Ross confirmed June 6 that earlier that day, Michelle Lee resigned from her post as director of the U.S. Patent and Trademark Office (USPTO) and undersecretary of Commerce for Intellectual Property.



Texas Federal Magistrate Judge Vacates Infringement Finding In Patent Case
MARSHALL, Texas - Four patent defendants won partial relief pursuant to Federal Rule of Civil Procedure 60(b), Fed. R. Civ. P. 60(b), on June 7 when a Texas federal magistrate judge agreed that a judgment of willful infringement must be vacated (Convolve Inc. v. Dell Inc., et al., No. 08-244, E.D. Texas, 2017 U.S. Dist. LEXIS 87199).



Judge: Unfair Competition Claim Superseded By State Misappropriation Claim
SAN FRANCISCO - Dismissal of a California unfair competition law claim in a misappropriation of trade secrets lawsuit is proper because the claim is superseded by a state trade secrets law claim, a federal judge in California ruled June 8 in dismissing the claim (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Cali., 2017 U.S. Dist. LEXIS 89174).



Federal Circuit Affirms: Patents Lack Written Description Support
WASHINGTON, D.C. - Efforts by Purdue Pharma L.P. to overturn a Patent Trial and Appeal Board holding that myriad claims of two patent applications are unpatentable for lack of written description support failed June 13, when the Federal Circuit U.S. Court of Appeals instead upheld the board's rejection (Purdue Pharma L.P. v. Recro Technology LLC, No. 16-2260, Fed. Cir., 2017 U.S. App. LEXIS 10443).



Oregon Federal Judge Dismisses Willful Patent Infringement Claim
PORTLAND, Ore. - In a June 12 ruling, an Oregon federal judge agreed with Skechers USA Inc. that a patent complaint by Adidas AG fails to adequately state a claim for willful infringement (Adidas AG v. Skechers USA Inc., No. 16-1400, D. Ore., 2017 U.S. Dist. LEXIS 89752).



Federal Circuit Says Fee Award In Patent Case Was Erroneous
WASHINGTON, D.C. - In its second ruling in a longstanding dispute over patented anti-theft tags, the Federal Circuit U.S. Court of Appeals on June 5 again rejected a Pennsylvania federal judge's determination that the case qualifies as exceptional (Checkpoint Systems Inc. v. All-Tag Security S.A., et al., No. 16-1397, Fed. Cir., 2017 U.S. App. LEXIS 9874).



Denial Of Fee Award In Patent Case Reversed, Remanded By Federal Circuit
WASHINGTON, D.C. - A Texas federal judge's determination that a patent infringement plaintiff's decision to voluntarily withdraw its complaint within the safe-harbor period removed the dispute from the realm of an "exceptional" case, thereby extinguishing a defendant's entitlement to attorney fees, was erroneous, the Federal Circuit U.S. Court of Appeals held June 5 (Rothschild Connected Devices Innovations LLC v. ADS Security L.P., No. 16-2521, Fed. Cir., 2017 U.S. App. LEXIS 9876).



Patent Board Sides With Intel, Qualcomm In Inter Partes Review
ALEXANDRIA, Va. - In a June 2 final written decision, the Patent Trial and Appeal Board deemed seven claims of a process for fabricating semiconductor devices unpatentable as anticipated under the Patent Act, 35 U.S.C. 102(b) (Intel Corp., et al. v. DSS Technology Management Inc., No. IPR2016-00287, PTAB).



Covered Business Method Review Of Algorithm Patent Sought In New Petition
ALEXANDRIA, Va. - In a June 2 petition for covered business method (CBM) review, a petitioner alleges that a patented algorithm for encrypting confidential information during e-commerce transactions claims an ineligible, abstract idea under 35 U.S.C. 101 (Keeper Security Inc. v. Cumberland Systems LLC, No. CBM2017-00057, PTAB).



Post-Grant Review Of Camera Housing Patent Sought In New Petition
ALEXANDRIA, Va. - Various claims of a patent issued in September 2016 should be canceled, a company asserts in a June 6 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board (Axis Communications AB v. Arecont Vision LLC, No. PGR2017-00031, PTAB).



ARRIS Seeks Inter Partes Review Of Digital Broadcasting Patent
ALEXANDRIA, Va. - Three claims of a Sony Corp. patented system for supplying digital signals are unpatentable as anticipated and obvious, a June 14 petition for inter partes review with the Patent Trial and Appeal Board asserts (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2017-01596, PTAB).



Patent Board Deems 15 Claims Unpatentable As Anticipated, Obvious
ALEXANDRIA, Va. - In a final written decision issued June 14, the Patent Trial and Appeal Board agreed with a petitioner that 15 claims of a patented subsea Christmas tree system for use in oil and gas wells are unpatentable pursuant to Section 102 and 103 of the Patent Act, 35 U.S.C. 1 et seq. (FMC Technologies Inc. v. OneSubsea IP UK Limited, No. IPR2016-00328, PTAB).



Patent Term Adjustment Provision Disputed Before Federal Circuit
WASHINGTON, D.C. - In a June 7 reply brief, a patent owner told the Federal Circuit U.S. Court of Appeals that the U.S. Patent and Trademark Office (PTO)'s position that it has the authority to determine when a patent applicant has failed "to engage in reasonable efforts" to prosecute their application runs "counter to the plain language" of the Patent Act, 35 U.S.C. 1 et seq., the legislative history of the statute and Gilead Sciences, Inc. v. Lee (Supernus Pharmaceuticals Inc., et al. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1357, Fed. Cir.).



Venue In Declaratory Judgment Patent Actions Debated Before Federal Circuit
WASHINGTON, D.C. - In a June 2 reply brief, myriad declaratory judgment plaintiff-appellants argue that "calculated strikes" from a patent-licensing firm's "nest" unfairly impact "those accused of infringement and needlessly [tilt] the field in favor of non-practicing entities" through the encouragement of forum shopping (Jack Henry & Associates Inc., et al. v. Plano Encryption Technologies LLC, No. 16-2700, Fed. Cir.).



Obviousness Of 2 Patents Debated In Federal Circuit Briefs
WASHINGTON, D.C. - A finding by the Patent Trial and Appeal Board that two reissue patents are obvious in light of prior art was proper because the board's broadest reasonable interpretation of the disputed claim term "port" is supported by the claim language and the patent owner's own use of the term in describing its invention, myriad appellees told the Federal Circuit U.S. Court of Appeals May 26 (Capella Photonics Inc. v. Cisco Systems Inc., et al., Nos. 2016-2394, -2395, 2017-1105, -1106, -1107, -1108, Fed. Cir.).



Patent Owner, Challenger Debate Effective Filing Date Before Federal Circuit
WASHINGTON, D.C. - The effective filing date of two patents relating to an apparatus that secures a portable electronic device to an immovable object is 2008, and not 2011 as concluded by the Patent Trial and Appeal Board, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Think Products Inc. v. ACCO Brands Corporation, et al., No. 17-1360, Fed. Cir.).