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Federal Circuit Sides With Nintendo, Upholds Patent Ineligibility Ruling
WASHINGTON, D.C. - A Washington federal judge did not err in deeming an encoding and decoding patent ineligible for patentability under the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled April 28 in a win for Nintendo Co. Ltd. and Nintendo of America Inc. (Nintendo, collectively) (RecogniCorp LLC v. Nintendo Co. Ltd., et al., No. 16-1499, Fed. Cir., 2017 U.S. App. LEXIS 7528).



Federal Circuit Reverses Judgment In Colon Purging Patent Case
WASHINGTON, D.C. - A New York federal judge erred in granting a defendant summary judgment that it did not directly infringe or induce others to infringe various claims of a patent directed to methods and compositions for purging a colon, the Federal Circuit U.S. Court of Appeals ruled May 5 (Braintree Laboratories Inc. v. Breckenridge Pharmaceutical Inc., No. 16-1731, Fed. Cir.).



Fracking Company's Breach Of Contract Claim Valid, Judge Rules
HOUSTON - A federal judge in Texas on April 27 ruled that a manufacturer of equipment used in hydraulic fracturing has a valid case for breach of fiduciary duty as well as other claims against a former employee who shared proprietary technology with other companies and then formed a rival company that sold the same equipment as his original employer (Downhole Technology LLC v. Silver Creek Services Inc., et al., No. 17-0020, S.D. Texas; 2017 U.S. Dist. LEXIS 64189).



Denial Of Injunction In Patent Case Upheld By Federal Circuit
WASHINGTON, D.C. - A Texas federal judge did not err in refusing to enter a permanent injunction despite finding, at a bench trial, that three patents were both valid and infringed, the Federal Circuit U.S. Court of Appeals held April 28 (Nichia Corporation v. Everlight Electronics Co. Ltd., et al., No. 16-1585, Fed. Cir., 2017 U.S. App. LEXIS 7527).



Federal Circuit: AIA Did Not Change Meaning Of On-Sale Bar
WASHINGTON, D.C. - A New Jersey federal judge's conclusion that a patent was not invalid because a 2011 statute changed the relevant standard for a commercial offer for sale was reversed May 1 by the Federal Circuit U.S. Court of Appeals (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., Nos. 16-1284, -1787, Fed. Cir., 2017 U.S. App. LEXIS 7650).



Federal Circuit Agrees With Examiner, Board: Patent Is Obvious
WASHINGTON, D.C. - A patent application covering an apparatus for engaging in wireless commercial transactions was properly rejected by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled May 9 (In re: Paul Poniatowski, No. 17-1346, Fed. Cir., 2017 U.S. App. LEXIS 8185).



In Partial Reversal, Federal Circuit Says Claims Lack Descriptive Support
WASHINGTON, D.C. - A holding by the Patent Trial and Appeal Board that confirmed the patentability of five claims of a fiber optic patent was reversed May 10 by the Federal Circuit U.S. Court of Appeals (Cisco Systems Inc. v. Cirrex Systems LLC, Nos. 16-1143, -1144, Fed. Cir.).



Federal Circuit: Board Within Its Authority In Granting Patent Review
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to proceed with an inter partes review (IPR) after the petitioner requested that the petition be denied was not outside the board's statutory authority, the Federal Circuit U.S. Court of Appeals ruled May 10 (In re: AT&T Intellectual Property II L.P., No. 16-1830, Fed. Cir., 2017 U.S. App. LEXIS 8263).



Court Lacks Jurisdiction Over Defendant In Trade Secrets Suit, Judge Rules
HOUSTON - A federal district court lacks personal jurisdiction over a defendant in a patent infringement and misappropriation of trade secrets lawsuit because the plaintiff failed to show that the defendant had any contacts with the forum state, a federal judge in Texas ruled May 8 in granting the defendant's motion to dismiss (Downhole Technology LLC v. Silver Creek Services Inc., et al., No. 17-0020, S.D. Texas, 2017 U.S. Dist. LEXIS 70056).



Federal Circuit: No Due Process Violation In Bandwidth Patents Case
WASHINGTON, D.C. - A decision, upon inter partes review (IPR), that deemed various claims of two bandwidth selection patents anticipated or obvious over prior art was not a violation of the patent owner's due process rights, the Federal Circuit U.S. Court of Appeals ruled May 8 (Intellectual Ventures II LLC v. Ericsson Inc., et al., Nos. 2016-1739, -1740, -1741, Fed. Cir., 2017 U.S. App. LEXIS 8106).



Intellectual Property Owners Propose Changes To Section 101
WASHINGTON, D.C. - The legislative arm of the Intellectual Property Owners Association (IPO) on Feb. 7 issued a memorandum that proposed changes to the Patent Act, 35 U.S.C. 101, "to restore the scope of patent eligible subject matter that has been restricted" by the U.S. Supreme Court in several recent decisions the IPO deemed "bad law."



New Petition For Post- Grant Review Filed With Patent Board
ALEXANDRIA, Va. - Relying on the declaration of a "renowned physician-scientist" who has "focused for over three decades" on the development of inhaled treatments for pulmonary infections, Aaradigm Corp. on May 1 filed a petition for post-grant review (PGR) of a nebulizer device patent with the Patent Trial and Appeal Board (Aradigm Corp. v. Insmed Inc., No. PGR2017-00021, PTAB).



IBM Patent Application Rejected By Board Pursuant To Section 101
ALEXANDRIA, Va. - An application for a method and system for user automation out of a process flow claims ineligible subject matter pursuant to the Patent Act, 35 U.S.C. 101, the Patent Trial and Appeal Board ruled May 3 (Ex parte Uthe, No. 2015-001676, PTAB).



NVIDIA Petitions Board, Claims Polaris Patent Is Obvious, Anticipated
ALEXANDRIA, Va. - In a May 4 petition for inter partes review NVIDIA Corp. asserts unpatentability of myriad claims relating to a patented process for improved error coding through the use of data arrangement alteration (NVIDIA Corp. v. Polaris Innovations Ltd., No. IPR2017-01346, PTAB).



Board Sides With Examiner In Rejecting Microsoft Patent Claims
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on May 9 upheld findings by an examiner that 20 claims of a patent application directed to inserting domain switch points in an instruction set would have been obvious to a person of ordinary skill in the art (Ex parte Stall, et al., No. 2015-005253, PTAB).



Microsoft Petitions Board For Inter Partes Review Of Memo Patent
ALEXANDRIA, Va. - A patent that claims a method for displaying a reminder to users of a communication device for future communication with members of their contact list does not pass muster under the Patent Act, 35 U.S.C. 103, Microsoft Corp. argues in a May 10 petition for inter partes review with the Patent Trial and Appeal Board (Microsoft Corp. v. Mira Advanced Technology Systems Inc., No. IPR2017-01411, PTAB).



Complaint Fails To Allege Disparagement Claim; No Coverage, Illinois Panel Affirms
CHICAGO - An Illinois appeals panel on May 1 held that an underlying complaint did not contain allegations sufficient to constitute a claim of disparagement against an insured, affirming a lower court's ruling that the insurer has no duty to defend because coverage was not triggered (Green4all Energy Solutions, Inc. v. State Farm Insurance Co., No. 1-16-2499, Ill. App., 1st Dist., 1st Div., 2017 Ill. App. Unpub. LEXIS 874).



Federal Circuit Hears Oral Arguments In Dispute Over E-Commerce Patent
WASHINGTON, D.C. - In oral arguments on May 8, a patent owner took aim at a covered business method (CBM) review decision by the Patent Trial and Appeal Board that rendered unpatentable all claims of two patents covering e-commerce transactions (Linkgine Inc. v. VigLink Inc., et al., Nos. 16-2087, -2088, Fed. Cir.).



On Remand, Samsung Seeks Vacated Award, New Trial In Apple Design Patent Suit
SAN JOSE, Calif. - Samsung Electronics Co. Ltd. on April 21 filed a remand brief in California federal court, contending that, in the wake of a U.S. Supreme Court ruling that invalidated the basis for a $399 million infringement damages award against it, a new damages trial is merited in the long-running smartphone design patent dispute with Apple Inc. (Apple Inc. v, Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).



Tech Firm Seeks High Court Review Of Abstract Patentability Standard
WASHINGTON, D.C. - A company that received a trial court judgment declaring its signal analyzing patents invalid as abstract, which was upheld by the Federal Circuit U.S. Court of Appeals, filed a petition for certiorari April 6, asking the U.S. Supreme Court to correct what it calls a widespread practice of courts to incorrectly apply and improperly conflate patentability standards (Blue Spike LLC v. Google Inc., No. 16-1223, U.S. Sup.).



Means-Plus-Function Limitations Debated Before Federal Circuit
WASHINGTON, D.C. - A finding by a California federal judge that the means-plus-function limitation "means for mounting" in a patented method and system for real-time replication of file systems components was invalid for insufficient structure is under review by the Federal Circuit U.S. Court of Appeals, which heard oral arguments on May 8 (Twin Peaks Software Inc. v. IBM Corporation, No. 16-2177, Fed. Cir.).



PTO Director Says Patent Claims Are Invalid, Ineligible for Protection
WASHINGTON, D.C. - In a May 4 appellee brief, Michelle K. Lee, acting director of the U.S. Patent and Trademark Office (PTO), told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board properly rejected various claims of a patent application as anticipated (In re: C. Douglass Thomas, No. 17-1100, Fed. Cir.).



Patent Owner: Board Improperly Reallocated Burden In Review
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that a patented computer-assisted surgery planner for joint placement procedures is unpatentable was proper, an appellee told the Federal Circuit U.S. Court of Appeals in a May 3 brief (Blue Belt Technologies, et al. v. Mako Surgical Corp., No. 16-2740, Fed. Cir.).



Supreme Court Holds Oral Arguments In Biologics Act Dispute
WASHINGTON, D.C. - The merits of a July 2015 ruling by the Federal Circuit U.S. Court of Appeals that barred an abbreviated biologic license applicant from marketing Zarxio - biosimilar to the bone marrow stimulant Neupogen - for 180 days in light of the applicant's premature notice of commercial marketing was debated April 26 by the U.S. Supreme Court (Sandoz Inc. v. Amgen Inc., et al., No. 15-1039 and 15-1195, U.S. Sup.).



3rd Circuit Keeps Jurisdiction Over Walker Process Claim In Antitrust Action
PHILADELPHIA - Allegations by myriad plaintiffs that the companies that hold patents for the brand name drugs Lipitor and Effexor XR engaged in fraudulent patent procurement - known as Walker Process fraud pursuant to Walker Process Equip., Inc. v. Food Mach. & Chem. Corp., 382 U.S. 172 (1965) - do not arise under federal patent law, such that an appeal in the case must necessarily proceed in the Federal Circuit U.S. Court of Appeals, the Third Circuit U.S. Court of Appeals ruled April 13 (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).



Federal Circuit Affirms Patent Verdict, Judgment In Favor Of Apple
WASHINGTON, D.C. - Allegations that Apple Inc. infringed a patent claim directed to a means of sending packet data from a cellular telephone to a network through the use of a selected channel were properly rejected by a Texas federal judge and jury, the Federal Circuit U.S. Court of Appeals ruled April 14 (Core Wireless Licensing S.a.r.l. v. Apple Inc., No. 15-2037, Fed. Cir., 2017 U.S. App. LEXIS 6410).



Damages Testimony Is Barred In Patent Infringement Suit Against IBM, Judge Says
WILMINGTON, Del. - An expert did not offer any developed damages theory relating to International Business Machines Corp.'s (IBM) use of its website, and there were "serious methodological and reliability problems" in his assumptions, a Delaware federal judge held April 17, excluding testimony in a patent infringement lawsuit (Parallel Networks Licensing LLC v. International Business Machines Corp., No. 13-2072, D. Del., 2017 U.S. Dist. LEXIS 58394).



Nonobviousness Testimony Is Allowed; Judgment Granted On Invalidity In Patent Suit
PORTLAND, Ore. - While allowing expert testimony on objective considerations of nonobviousness, an Oregon federal judge also granted in part summary judgment on April 12 to a sportswear company that certain prior art references do not anticipate utility patents relating to heat-directing elements to a garment's innermost surface (Columbia Sportswear North America Inc. v. Seirus Innovative Accessories Inc., No. 15-00064, D. Ore., 2017 U.S. Dist. LEXIS 55714).



Federal Circuit Sides With False Marking, False Advertising Defendant
WASHINGTON, D.C. - A North Carolina federal judge did not err in granting summary judgment to a Lanham Act and Patent Act defendant accused of marking its key-cutting machines as "patent pending," the Federal Circuit U.S. Court of Appeals ruled April 13 (Gordon Gravelle v. Kaba Ibco Corp., No. 16-2318, Fed. Cir., 2017 U.S. App. LEXIS 6246).



Federal Circuit: Damages Should Be Limited For Failure To Mark
WASHINGTON, D.C. - Although largely affirming a Texas federal judge's claim construction and denial of a Samsung Electronics Co. Ltd. request for judgment as a matter of law (JMOL) that two patents are invalid as obvious, the Federal Circuit U.S. Court of Appeals on April 17 nonetheless vacated a ruling that a patent owner's damages should not be limited on the basis of its failure to mark products as patented (Rembrandt Wireless Technologies L.P. v. Samsung Electronics Co. Ltd., et al., No. 16-1729, Fed. Cir.; 2017 U.S. App. LEXIS 6502).



Federal Circuit Orders Patent Board To Dismiss Re-Examination Of Claims
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 21 vacated certain aspects of a final decision by the Patent Trial and Appeal Board, agreeing that the underlying request for inter partes re-examination should not have been granted pursuant to Section 317(b) of the Patent Act, 35 U.S.C. § 317(b) (Fairchild [Taiwan] Corporation v. Power Integrations Inc., No. 17-1002, Fed. Cir., 2017 U.S. App. LEXIS 6998).



Federal Circuit: Board Obviousness, Anticipation Findings Unsupported
WASHINGTON, D.C. - A final ruling by the Patent Trial and Appeal Board that deemed various claims of an integrated circuit design patent obvious and anticipated was reversed April 24 by the Federal Circuit U.S. Court of Appeals on grounds that the board's findings were not supported by substantial evidence (Synopsys Inc. v. ATopTech Inc., Nos. 16- 1956, -1957, Fed. Cir., 2017 U.S. App. LEXIS 7095).



Judge Dismisses Infringement Claim Against Party City Over Drink Vessel Patent
SAN DIEGO - A California federal judge on April 25 dismissed claims asserted by a drink vessel maker for patent infringement and unjust enrichment in relation to a party supply retailer's alleged infringement on its utility patent but found that part of its claim for violation of California's unfair competition law (UCL) can proceed (Small Axe Enterprises Inc. v. Amscan Inc., et al., No. 3:16-cv-00981, S.D. Calif., 2017 U.S. Dist. LEXIS 62900).



Judge: Plaintiff Failed To Show Any DTSA Violation After Statute's Enactment
SAN FRANCISCO - Dismissal of nonpatent claims in a patent infringement and misappropriation of trade secrets lawsuit is proper because a company has failed to show that the alleged misappropriation of its trade secrets occurred after the enactment of the Defend Trade Secrets Act (DTSA), a federal judge in California ruled April 24 in granting in part and denying in part a defendant's motion to dismiss (Cave Consulting Group Inc. v. Truven Health Analytics Inc., No. 15-2177, N.D. Calif., 2017 U.S. Dist. LEXIS 62109).



Web Ad Patent Fails Section 101 Analysis, Patent Board Rules
ALEXANDRIA, Va. - Google Inc. prevailed April 24 when the Patent Trial and Appeal Board agreed with the software giant that various claims of a patented method for detecting fraudulent clicks on web advertisements are obvious or claim patent-ineligible subject matter (Google Inc. v. Patrick Zuili, No. CBM2016-00008, PTAB).



Facebook Challenges Info Sharing Patent, Seeks Inter Partes Review
ALEXANDRIA, Va. - A patented network-computer-based personal contact manager system renders a claimed system for sharing information over the internet unpatentable, Facebook Inc. alleges in an April 14 petition for inter partes review filed with the Patent Trial and Appeal Board (Facebook Inc. v. ZKey Investments LLC, No. IPR2017-01278, PTAB).



Patent Board Affirms Final Rejection Of Anti-Virus Patent
ALEXANDRIA, Va. - In an April 17 final written decision, the Patent Trial and Appeal Board agreed with a patent examiner that 20 claims of a patented system and method for detecting and nullifying the effects of computer viruses do not pass muster under Section 103(a) of the Patent Act, 35 U.S.C. 1 et seq. (Ex parte Intellectual Ventures I LLC, No. 2017-000054, PTAB).



In Final Decision, Patent Board Rejects Google Claims Of Invalidity
ALEXANDRIA, Va. - Although it found in April 2016 that Google Inc. demonstrated that it would likely prevail on allegations that two claims of a vector-based traffic information patent would have been obvious to a person of skill in the art, the Patent Trial and Appeal Board on April 21 confirmed the patentability of both claims (Google Inc. v. Ji-Soo Lee, No. IPR2016-00045, PTAB).



Yahoo In New Petition For Inter Partes Review Says Patent Is Obvious
ALEXANDRIA, Va. - A patented system and method relating to a method of prompting action between interconnected devices on April 24 was targeted for inter partes review (IPR) by Yahoo Inc. in a new filing before the Patent Trial and Appeal Board (Yahoo Inc. v. Intent IQ Inc., No. IPR2017-01299, PTAB).



Video-On-Demand Patentee Seeks Review Of Alice Standard For Abstract Ideas
WASHINGTON, D.C. - Asserting that a lack of uniformity exists as to courts' application of the Alice v. CLS Bank International, 134 S.Ct. 2347 (2014), standard of patent eligibility, the owner of a video-on-demand (VOD) patent on April 13 filed a petition for certiorari, asking the U.S. Supreme Court to clarify its ruling in Alice as it relates to abstract ideas (Broadband iTV Inc. v. Hawaiian Telcom Inc., et al., No. 16-1241, U.S. Sup.).



3 Amicus Briefs Support Certiorari In Samsung, Apple Patent Suit
WASHINGTON, D.C. - Amicus curiae briefs filed April 10 by intellectual property professors, small business advocates and technology associates urge the U.S. Supreme Court to grant certiorari in a patent dispute between Samsung Electronics Co. Ltd. and Apple Inc., with the amici arguing that critical matters of obviousness and injunctive relief merit review (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Petition For Rehearing Filed With Federal Circuit In Section 101 Dispute
WASHINGTON, D.C. - A February ruling by the Federal Circuit U.S. Court of Appeals that affirmed findings that two data-processing patents claim ineligible subject matter was erroneous, the patent owner told the Federal Circuit in an April 19 combined petition for panel rehearing and rehearing en banc (Evolutionary Intelligence LLC v. Sprint Nextel Corp., et al., Nos. 2016-1188, -1190, -1191, -1192, -1194, -1195, -1197, -1198, -1199, Fed. Cir.).



SimpleAir, Google Again Square Off In Patent Appeal To Federal Circuit
WASHINGTON, D.C. - On the heels of a March ruling that confirmed a Patent Trial and Appeal Board holding that one SimpleAir Inc. patent is valid, the Federal Circuit U.S. Court of Appeals is poised to decide the propriety of a Texas federal judge's decision to dismiss a lawsuit against Google Inc. over two different SimpleAir patents (SimpleAir Inc. v. Google Inc., No. 16-2378, Fed. Cir.).



Patent Dispute Over Anticonvulsant Drug Briefed Before Federal Circuit
WASHINGTON, D.C. - A Delaware federal judge erroneously determined that a claimed pharmaceutical compound for lacosamide is not anticipated or obvious, two generic pharmaceutical companies recently argued to the Federal Circuit U.S. Court of Appeals (UCB Inc., et al. v. Accord Healthcare Inc., et al., Nos. 2016-2610, -2683, -2685, -2698, -2710, 2017-1001, Fed. Cir.).



PTO Director Defends Claim Construction In Appeal Of Rejected Patent
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on May 1 will hear oral arguments in a dispute over the Patent Trial and Appeal Board's construction of the disputed term "traversing," as it appears in a patent application for a device for extracting energy from fluid flow within the body (In re: Medical Biomech Partnership, No. 16-2159, Fed. Cir.).



Federal Circuit Rejects Google Bid For En Banc Review In Patent Row
WASHINGTON, D.C. - A November 2016 ruling that the Patent Trial and Appeal Board relied on an incorrect definition of "covered business method patent" in assessing a petition for covered business method (CBM) review by Google Inc. will stand, the Federal Circuit U.S. Court of Appeals ruled April 4 (Google Inc. v. Unwired Planet LLC, No. 15-1812, Fed. Cir.).



Federal Circuit Rules Against Google, Affirms Patent Board Holding
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board (PTAB) to uphold the patentability of an information transmission patent was not erroneous, the Federal Circuit U.S. Court of Appeals ruled March 28, in a blow to Google Inc. (Google Inc. v. SimpleAir Inc., No. 16-1901, Fed. Cir., 2017 U.S. App. LEXIS 5362).



Apple Seeks Discovery Of U.K. Suit Documents In Wireless Tech Patent Case
SAN FRANCISCO - In a March 29 reply brief in California federal court, Apple Inc. defended its motion to compel discovery of documents from a lawsuit in the United Kingdom, contending that "they may bear on whether [Unwired Planet LLC's] damages demand" in the present patent case "constitutes a 'reasonable' royalty" (Unwired Planet LLC v. Apple Inc., No. 3:13-cv-04134, N.D. Calif.).



Federal Circuit Upholds Rejection Of Request For Corrected Inventorship
WASHINGTON, D.C. - A California federal judge properly dismissed a claim for correction of patent inventorship, but the dismissal should have been without prejudice, the Federal Circuit U.S. Court of Appeals ruled March 29 (Phyllis Huster v. J2 Cloud Services Inc., et al., No. 16-1639, Fed. Cir., 2017 U.S. App. LEXIS 5434).



Federal Circuit Affirms: Inventorship Claim Barred By Sovereign Immunity
WASHINGTON, D.C. - A federal judge in Oregon properly found that the University of Massachusetts (UMass) is entitled to sovereign immunity in a lawsuit seeking a correction of patent inventorship, the Federal Circuit U.S. Court of Appeals ruled April 12 (Mussa Ali v. Carnegie Institution of Washington, No. 16-2320, Fed. Cir.; 2017 U.S. App. LEXIS 6250).



Federal Circuit Affirms Disposition Of Request For Fees In Patent Case
WASHINGTON, D.C. - A Delaware federal judge properly determined that a Medtronic Inc. claim for attorney fees in a patent dispute was timely and that a sublicensor was responsible for paying the fees because of a contractual fee-shifting provision, the Federal Circuit U.S. Court of Appeals ruled April 4 (Medtronic Inc. v. Mirowski Family Ventures LLC v. Boston Scientific Corp., et al., Nos. 2015-1996, 2015-2074, 2015-2075, Fed. Cir., 2017 U.S. App. LEXIS 5766).



Federal Circuit Affirms Denial Of Nonimmigrant Alien's Patent Agent Registration
WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (PTO) that denied a nonimmigrant alien's request to register as a patent agent was neither arbitrary nor capricious, the Federal Circuit U.S. Court of Appeals ruled April 5 (Jinyang Guo v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1244, Fed. Cir.).



Federal Circuit Sides With Defendants In Drug Patent Dispute
WASHINGTON, D.C. - An Illinois federal judge's bench trial final judgment of infringement was reversed April 6 in a longstanding legal dispute over a patented process for preparing anticoagulant drugs featuring bivalirudin as an active ingredient (The Medicines Co. v. Mylan Inc., et al., Nos. 2015-1113, -1151, -1181, Fed. Cir.).



Magistrate Judge Bars In Part Testimony On Terms In Patent Infringement Suit
TYLER, Texas - A Texas federal magistrate judge on April 1 granted and denied in part testimony from a noninfringement expert and an invalidity expert on the constructions of "metal film" and "gate wiring" in a patent infringement lawsuit (Eidos Display LLC and Eidos III LLC v. Chi Mei Innolux Corp., et al., No. 11-00201, E.D. Texas, 2017 U.S. Dist. LEXIS 50167).



Judge Rules On Motions To Exclude Testimony In Patent Infringement Suit
SAN DIEGO - In a patent infringement lawsuit, a California federal judge on April 3 addressed several motions to exclude testimony on damages and reasonable royalty with regard to the alleged infringement by wireless companies to a patent relating to a mobile communication system with a moving base station (Carucel Investments L.P. v. Novatel Wireless Inc., et al., No. 16-118, S.D. Calif., 2017 U.S. Dist. LEXIS 50855).



Judge Denies Exclusion Of Expert Testimony In Patent Infringement Lawsuit
BOWLING GREEN, Ky. - After refusing to exclude expert testimony from both sides in a patent infringement case involving disposable pants-type diapers, a Kentucky federal judge on April 10 granted and denied in part summary judgment of noninfringement to a baby diaper manufacturer on certain accused products (SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products LLC, et al., No. 10-00122, W.D. Ky., 2017 U.S. Dist. LEXIS 54167).



Patent Board Allows Canceled, Substituted Claims In Patent Review
ALEXANDRIA, Va. - Shire LLC on March 31 prevailed in a final written decision by the Patent Trial and Appeal Board, which in April 2016 instituted inter partes (IPR) review of six claims of a drug delivery system patent (Amerigen Pharmaceuticals Ltd. v. Shire LLC, No. IPR2015-02009, PTAB).



Apple Seeks Inter Partes Review Of Encoding Patent Before Board
ALEXANDRIA, Va. - In an April 4 petition for inter partes review by the Patent Trial and Appeal Board, Apple Inc. took aim at a patent that describes perceptually weighting speech signals during encoding (Apple Inc. v. St. Lawrence Communications LLC, No. IPR2017-01244, PTAB).



Board Rejects Claims Of Sheath Patent As Anticipated, Obvious
ALEXANDRIA, Va. - In an April 10 ruling that largely affirmed findings by a patent examiner, the Patent Trial and Appeal Board deemed 16 claims of a patented sheath used with an anastomosis for the prevention of fluid leaks unpatentable (Ex parte Joshua Stopek, Jacqueline Jones and Amin Elachchabi, No. 2015-005258, PTAB).



In Final Written Decision, Patent Board Partly Sides With Patent Owner
ALEXANDRIA, Va. - Although agreeing with a petitioner that three claims of a malware protection patent are obvious, the Patent Trial and Appeal Board on April 11 confirmed the patentability of nine other claims (Palo Alto Networks Inc., et al. v. Finjan Inc., No. IPR2016-00159, PTAB).



Uber Files Petition For Inter Partes Review Of Location-Sharing Patent
ALEXANDRIA, Va. - Six claims of a patented method for location sharing and mobile phone tracking are unpatentable as anticipated, Uber Technologies Inc. alleges in an April 7 petition for inter partes review (Uber Technologies Inc. v. X One Inc., No. IPR2017-01255, PTAB).



Bipartisan Legislation Proposed For Ending Reverse Payments
WASHINGTON, D.C. - The "Preserve Access to Affordable Generics Act" (S. 124) was introduced Jan. 12 by U.S. Sens. Amy Klobuchar, D-Minn., and Chuck Grassley, R-Iowa, in what was touted by Klobuchar as "bipartisan legislation to crack down on anti-competitive pay-for-delay pharmaceutical deals."



9th Circuit: False Patent Marking Claim Did Not Trigger Advertising Injury Coverage
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 31 affirmed that an insurance policy's advertising injury provision did not cover a false patent marking claim that contributed to a $2,951,024 judgment against an insured (Sei Y. Kim v. Truck Insurance Exchange, et al., No. 15-56486, 9th Cir., 2017 U.S. App. LEXIS 5631).



Halo, Pulse Again Square Off In Oral Arguments Before Federal Circuit
WASHINGTON, D.C. - A dispute over an award of prejudgment interest in a longstanding dispute over patented transformer packaging was argued April 5 before the Federal Circuit U.S. Court of Appeals (Halo Electronics Inc. v. Pulse Electronics Inc., No. 16-2006, Fed. Cir.).



Federal Circuit Hears Oral Arguments In Patent Ineligibility Case
WASHINGTON, D.C. - A determination that various claims of a patented method for providing and editing medical records are directed to patent-eligible subject matter was debated April 7 in oral arguments before the Federal Circuit U.S. Court of Appeals (Preservation Wellness Technologies LLC v. Allscripts Healthcare Solutions Inc., No. 16-2193, Fed. Cir.).



PTO: PTAB Need Not Issue Final Decision On All Claims For Inter Partes Review
WASHINGTON, D.C. - An appellate court correctly held that the Patent Trial and Appeal Board (PTAB) does not need to issue a final decision addressing the patentability of every claim identified in a petition for inter partes review (IPR), "including claims whose patentability the agency declined to review in the instituted proceeding," the U.S. Patent and Trademark Office (PTO) director tells the U.S. Supreme Court in an April 5 response brief (SAS Institute Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.).



Appellant Tells Federal Circuit: No Fee Awards In Challenge Of Patent Rejections
WASHINGTON, D.C. - The applicability of the "American Rule" in disputes over a rejection of patent claims by the U.S. Patent and Trademark Office (PTO) is currently before the Federal Circuit U.S. Court of Appeals (Realvirt LLC v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 17-1159, Fed. Cir.).



Patent Defendant: Judge Erred In Undoing Jury's Verdict Of Invalidity
WASHINGTON, D.C. - A jury empanelled in Texas federal court correctly deemed various claims of two medical device patents invalid as anticipated and obvious, an infringement defendant recently argued to the Federal Circuit U.S. Court of Appeals (Flexuspine Inc. v. Globus Medical Inc., Nos. 17-1188, -1189, Fed. Cir.).



Biologic Firm Urges Supreme Court To Reject Prenotice FDA Approval Requirement
WASHINGTON, D.C. - In a March 31 brief, Sandoz Inc. tells the U.S. Supreme Court that rival biologic maker Amgen Inc. and the Federal Circuit U.S. Court of Appeals have improperly read a requirement into a federal biosimilar statute mandating Food and Drug Administration approval of a biologic license application prior to the statute's required 180-day premarketing notice (Sandoz Inc. v. Amgen Inc., et al.., No. 15-1039 and 15-1195, U.S. Sup.).



Samsung's Amicus Filers Back Obviousness Question In Patent Suit With Apple
WASHINGTON, D.C. - Nonprofit organizations for civil liberties filed an amicus curiae brief on April 10 in support of the U.S. Supreme Court deciding Samsung Electronics Co.'s petition on whether Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), require a court to hold patents obvious under 35 U.S. Code Section 103, "where the patents make at most trivial advances over technologies well-known to a person of skill in the art" (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).