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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.).



Divided Supreme Court: Laches No Defense To Timely Patent Claims
WASHINGTON, D.C. - In a 7-1 ruling, the U.S. Supreme Court on March 21 rejected findings by a divided en banc Federal Circuit U.S. Court of Appeals that the equitable defense of laches remains available even when a claim for damages is brought within the six-year limitations period set forth in Section 286 of the Patent Act, 35 U.S.C. 1 et seq. (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).



Supreme Court Holds Oral Arguments In Dispute Over Patent Venue Statute
WASHINGTON, D.C. - A petitioner told the U.S. Supreme Court on March 27 that venue is proper only in a defendant's place of incorporation and that, accordingly, allegations of patent infringement by Kraft Foods Group Brands LLC should have been levied in Indiana federal court and not in Delaware, where allegedly infringing products were shipped (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Supreme Court Hears Arguments In Dispute Over Patent Exhaustion Limits
WASHINGTON, D.C. - The doctrine of patent exhaustion is not avoidable by attaching post-sale restrictions, an attorney for a patent infringement defendant told the U.S. Supreme Court on March 21 (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Supreme Court Grants Certiorari, Remands Trio Of Patent Cases
WASHINGTON, D.C. - On the heels of its March 21 decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 580 U. S. ___ (2017), the U.S. Supreme Court on March 27 granted petitions for certiorari in three patent cases for the limited purpose of vacating and remanding to the Federal Circuit U.S. Court of Appeals (Medinol Ltd. v. Cordis Corp., et al., No. 15-998; Endotach LLC v. Cook Medical LLC, No. 16-127; Romag Fasteners Inc. v. Fossil Inc., et al., No. 16-202, U.S. Sup.).



Federal Circuit Partly Reverses Invalidation Of Hair Loss Patent
WASHINGTON, D.C. - A North Carolina federal judge's determination that all claims of a hair growth patent are invalid was reversed March 17 by the Federal Circuit U.S. Court of Appeals (Allergan Inc. v. Sandoz Inc., et al., Nos. 16-1085, -1160, Fed. Cir.; 2017 U.S. App. LEXIS 4733).



On Remand, Federal Circuit Orders New Trial On Patent Damages
WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on March 17 found that a patent dispute requires a new trial on damages in light of Samsung Electronics Co. v. Apple Inc., 137 S. Ct. 429 (2016) (Nordock Inc. v. Systems Inc., Nos. 14-1762, -1795, Fed. Cir.; 2017 U.S. App. LEXIS 4732).



Federal Circuit Upholds Award Of Fees In Favor Of Dow In Patent Case
WASHINGTON, D.C. - A Delaware federal judge did not abuse her discretion in determining that a failed patent case by Bayer Cropscience AG was exceptional, thereby triggering an award of attorney fees, the Federal Circuit U.S. Court of Appeals concluded March 17 (Bayer Cropscience AG v. Dow Agrosciences LLC, No. 15-1854, Fed. Cir., 2017 U.S. App. LEXIS 4723).



5th Circuit Affirms: No Live Controversy In Patent, Trade Secret Row
NEW ORLEANS - A dismissal with prejudice of a complaint seeking a declaration of patent noninfringement and that no trade secrets were misappropriated was correct, the Fifth Circuit U.S. Court of Appeals ruled March 20 in a dispute over gas-to-liquid (GTL) conversion technology (Sasol North America Inc., et al. v. GTLPetrol LLC, No. 16-20122, 5th Cir., 2017 U.S. App. LEXIS 5107).



ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).



Judge Excludes Urologist's Testimony On Inefficacy Of Remedies In Drug Patent Suit
MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep GbR v. Eli Lilly and Co., No. 15-1202, E.D. Texas, 2017 U.S. Dist. LEXIS 38512).



Magistrate Judge Allows Testimony On Claimed Process In Patent Infringement Suit
TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled March 22 (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 41040).



Hovercraft Patent Targeted In New Petition For Inter Partes Review
ALEXANDRIA, Va. - On the heels of its Feb. 16 ruling that granted inter partes review (IPR) of one claim of a hovercraft patent, the Patent Trial and Appeal Board was asked March 15 to also review several other claims of the same patent on anticipation grounds (Parrot S.A., et al. v. QFO Labs Inc., No. IPR2017-01089, PTAB).



Twitter Seeks Inter Partes Review Of Web Content Patent
ALEXANDRIA, Va. - Asserting eight separate grounds of unpatentability, Twitter Inc. on March 24 took aim at a patent directed at creating and sharing web content in a new petition for inter partes review (IPR) with the Patent Trial and Appeal Board (Twitter Inc. v. Yootoo Technologies LLC, No. IPR2017-01131, PTAB).



Patent Board Deems All 4 Challenged Claims Obvious In Final Decision
WASHINGTON, D.C. - A challenger of a dentistry patent prevailed before the Patent Trial and Appeal Board March 26 when in a final written decision the board deemed four claims obvious in light of three pieces of prior art (ClearCorrect Operating LLC v. Align Technology Inc., No. IPR2016-00270, PTAB).



Patent Board In Final Decision Says Invention Claims Abstract Idea
ALEXANDRIA, Va. - A claimed method of processing merchandise discounts based upon a computerized membership system does not pass muster under Section 101 of the Patent Act, 35 U.S.C. §§ 1 et seq., the Patent Trial and Appeal Board ruled March 27 in a final written decision (The Kroger Company, et al. v. Nexuscard Inc., No. CBM2015-00183, PTAB).



Patent Owner Requests Adverse Judgment Before Patent Board
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on March 24 granted a patent owner's request to cancel 19 claims of a single-serve beverage brewing machine patent, on the heels of a January decision by the board that granted inter partes review (Keurig Green Mountain Inc. v. Touch Coffee & Beverages LLC, No. IPR2016-01394, PTAB).



9th Circuit Affirms $6.1M Judgment In Favor Of Insured In Dispute With Excess Insurer
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 affirmed a lower federal court's $6,080,568 judgment in favor of an insured in a breach of contract and bad faith lawsuit against its excess general liability insurer arising from an underlying patent infringement dispute (Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 14-56366, 9th Cir., 2017 U.S. App. LEXIS 4996).



Samsung Raises Obvious Question To High Court In Patent Suit With Apple
WASHINGTON, D.C. - Samsung Electronics Co. in a March 10 petition for writ of certiorari asks the U.S. Supreme Court if 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.).



Cox Seeks High Court Review Of General Rule In Patent Definiteness Analysis
WASHINGTON, D.C. - In a patent infringement dispute with Sprint Communications Co. LP, Cox Communications Inc. and its entities ask the U.S. Supreme Court in a March 13 petition if the general rule that each element in a patent claim is material to the invention's scope applies to analysis of a claim's definiteness under 35 U.S. Code Section 112 (Cox Communications Inc., et al. v. Sprint Communications Company LP, et al., No. 16-1106, U.S. Sup.).



Medtronic Seeks High Court Review Of PTAB Decision On Jurisdiction Under APA
WASHINGTON, D.C. - Medtronic Inc. asked the U.S. Supreme Court in a March 17 petition whether a federal district court has jurisdiction to decide a claim under the Administrative Procedure Act (APA) challenging "as arbitrary and capricious, contrary to law, and contrary to due process" a final Patent Trial and Appeal Board (PTAB) decision terminating already-instituted inter partes reviews (IPR) on grounds unrelated to the patent merits (Medtronic Inc. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 16, 1138, Medtronic Inc. v. Robert Bosch Healthcare Systems Inc., No. 16-1139, U.S. Sup.).



Trash Bag Maker Asks High Court To Review Limitation Imposed On Patent Claim
WASHINGTON, D.C. - A manufacturer of trash bags in a March 16 petition asks the U.S. Supreme Court to answer whether a court can "impose a limitation on a patent claim that is contrary to the claim's plain meaning, based on the court's inferences from the patent's specification and prosecution history" (Poly-America L.P. v. API Industries Inc., No. 16-1123, U.S. Sup.).



Patent Owner Asks High Court If Diehr Can Be 'Harmonized' With Alice
WASHINGTON, D.C. - A patent owner in a March 10 petition asks the U.S. Supreme Court to decide whether and to what extent Diamond v. Diehr, 450 U.S. 175 (1981), which "confirms that patents directed to the acquisition of data are directed to patent-eligible subject matter, can be harmonized" with the decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347, 2354 (2014) (Concaten Inc. v. AmeriTrak Fleet Solutions LLC, No. 16-1109, U.S. Sup.).



Obviousness-Type Double Patenting Case Proceeds To Federal Circuit
WASHINGTON, D.C. - A dispute over various claims of a monoclonal antibody patent that were invalidated on the basis of obviousness-type double patenting was recently briefed before the Federal Circuit U.S. Court of Appeals (Janssen Biotech Inc. v. Celltrion Healthcare Co. Ltd., No. 17-1120, Fed. Cir.).



Federal Circuit To Hear Patent Dispute Over Colitis Drug In May
WASHINGTON, D.C. - In a March 21 docket entry, the Federal Circuit U.S. Court of Appeals announced that it will hear a patent dispute over a planned generic drug for the treatment of colitis on May 1 (Shire Development LLC, et al. v. Cadila Healthcare Ltd., d/b/a Zydus Cadila, et al., No. 17-1048, Fed. Cir.).



University Seeks Review Of Invalidation By Board Of Anomaly Detector Patent
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various claims of a patented anomaly detector are unpatentable as anticipated and obvious were erroneous, the trustees of Columbia University recently told the Federal Circuit U.S. Court of Appeals (Trustees of Columbia University v. Symantec Corp., Nos. 16-2551, -2554, -2630 and -2631, Fed. Cir.).



Tossed $200 Million Patent Verdict Debated Before Federal Circuit
WASHINGTON, D.C. - A California federal judge's decision to nullify a $200 million jury award on behalf of a prevailing patent infringement plaintiff under the doctrine of unclean hands was erroneous, the patent owner recently argued to the Federal Circuit U.S. Court of Appeals (Gilead Sciences Inc. v. Merck & Co. Inc., No. 16-2302, Fed. Cir.).



Texas Federal Jury Awards $7.6 Million In Patent Case
MARSHALL, Texas - In a March 10 verdict, jurors empaneled before U.S. Judge Rodney Gilstrap of the Eastern District of Texas sided squarely with Whirlpool Corp. in a patent infringement dispute over a water treatment component (Whirlpool Corp. v. TST Water LLC, No. 15-1528, E.D. Texas).



Federal Circuit Sides With Apple, Says Patent Claims Are Ineligible
WASHINGTON, D.C. - A Texas federal judge erroneously denied Apple Inc. judgment as a matter of law (JMOL) on its assertion that three data storage patents claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled March 1 (Smartflash LLC v. Apple Inc., No. 16-1059, Fed. Cir., 2017 U.S. App. LEXIS 3833).



Federal Circuit Upholds Rulings In Patent Dispute Between Sprint, Prism
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 6 affirmed a Nebraska federal judge's denial of various post-trial motions in a patent dispute that led to a $30 million infringement verdict (Prism Technologies LLC v. Sprint Spectrum L.P., Nos. 16-1456, -1457, Fed. Cir.).



Federal Circuit Affirms Patent Verdict, Award In Favor Of Comcast
WASHINGTON, D.C. - Comcast IP Holdings I LLC was entitled to prevail on its allegation that competitors infringed three patents relating to the facilitation of phone calls over the internet, the Federal Circuit U.S. Court of Appeals ruled March 7 (Comcast IP Holdings LLC v. Sprint Communications Company LP, et al., No. 15-1992, Fed. Cir.).



1st Circuit Reverses Dismissal Of Amphastar, Momenta Antitrust Case
BOSTON - A Massachusetts federal judge's decision to dismiss allegations that Momenta Pharmaceuticals Inc. made knowing misrepresentations to the U.S. Pharmacopeial Convention (USP) - the standard-setting organization (SSO) charged with ensuring the quality control of drugs - was reversed March 6 by the First Circuit U.S. Court of Appeals (Amphastar Pharmaceuticals Inc. v. Momenta Pharmaceuticals Inc., et al., No. 16-2113, 1st Cir., 2017 U.S. App. LEXIS 3956).



Federal Circuit Affirms: Supplier Identification Patent Is Obvious
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in finding that four claims of a patent directed to systems for identifying a supplier of goods over the internet would have been obvious to a person of ordinary skill in the art (POSITA), the Federal Circuit U.S. Court of Appeals ruled March 7 (Michael Meiresonne v. Google Inc., No. 16-1755, Fed. Cir., 2017 U.S. App. LEXIS 3978).



Federal Circuit Upholds Stipulated Judgment Of Patent Invalidity
WASHINGTON, D.C. - A patent disclosing a method of malware protection was correctly deemed invalid as indefinite, the Federal Circuit U.S. Court of Appeals concluded March 7 (Trusted Knight Corporation v. International Business Machines Corp., No. 16-1510, Fed. Cir., 2017 U.S. App. LEXIS 3979).



Judge Allows Testimony On Lost Profits, Royalty Damages In Patent, Trademark Suit
SAN JOSE, Calif. - In a patent and trademark infringement dispute between competitors in the fitness and exercise equipment industry, a California federal judge on March 6 refused to exclude expert testimony on lost profits damages and royalty damages (Fitness Anywhere LLC v. WOSS Enterprises LLC, No. 14-01725, N.D. Calif.; 2017 U.S. Dist. LEXIS 31505).



California Federal Magistrate Judge Denies Request To Correct Patent Inventors
SAN FRANCISCO - A plaintiff failed to establish that an inventor's contribution to a patented angioplasty balloon catheter known as "AngioSculpt" warrants a correction of inventorship, a California federal magistrate judge ruled March 9 (TriReme Medical LLC v. AngioScore Inc., No. 14-2496, N.D. Calif., 2017 U.S. Dist. LEXIS 33999).



California Federal Judge Won't Enjoin Texas Patent Litigation
SAN FRANCISCO - OpenTV Inc. on March 13 won dismissal of 10 counts of a 13-count declaratory judgment complaint when a California federal judge agreed that plaintiff Comcast Cable Communications LLC failed "to allege facts sufficient to support inferences of non-infringement" (Comcast Cable Communications LLC v. OpenTV Inc., No. 16-6180, N.D. Calif., 2017 U.S. Dist. LEXIS 35740).



Patent Board Grants Netflix Petition For Inter Partes Review
ALEXANDRIA, Va. - A request for inter partes review of a patented invention covering systems and methods for navigating hypermedia was granted March 6 by the Patent Trial and Appeal Board (Netflix Inc. v. Convergent Media Solutions LLC, No. IPR2016-01811, PTAB).



Google Petition For Review Of Programming Language Patent Granted
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on March 8 granted a petition for inter partes review (IPR) of a patent claiming a system for programming mobile communication devices based on a "high-level code comprising operative language" (Google Inc. v. IXI Mobile R&D Ltd., No. IPR2016-01669, PTAB).



Board Upholds Rejection Of Hydrocarbon Feed Treatment Patent
ALEXANDRIA, Va. - An inventor's request to overturn an examiner's rejection on obviousness grounds of various claims of a patented apparatus for treating a mixed hydrocarbon feed stream were rejected March 14 by the Patent Trial and Appeal Board (Ex parte Frederick Jan Van Dijk, No. 2015-004023, PTAB).



Patent Board Denies Ford Request For Covered Business Method Review
ALEXANDRIA, Va. - Efforts by Ford Motor Co. to invalidate a patented system and method for consolidating multiple product configuration models pursuant to the covered business method (CBM) review mechanism were unsuccessful on March 15, when the Patent Trial and Appeal Board denied Ford's petition (Ford Motor Co. v. Versata Development Group Inc., No. CBM2016-00101, PTAB).



Patent Board Grants Review Of Transmission System Patent
ALEXANDRIA, Va. - In a March 13 ruling the Patent Trial and Appeal Board instituted inter partes review of eight claims of a patent covering, among other things, a transceiver with sleep mode for reduced power consumption (DISH Network LLC v. TQ Delta LLC, No. IPR2016-01760, PTAB).



Amgen Asserts No Error In Requiring Approval Before 180-Day Notice
WASHINGTON, D.C. - Amgen Inc. filed its opening and response brief on March 10 in its high-stakes suit with Sandoz Inc., arguing that the Federal Circuit U.S. Court of Appeals did not err by requiring biosimilar makers to get approval before supplying 180-day notice of sales to rivals because permitting notice before approval is consistent with "early resolution of patent disputes" (Sandoz Inc. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 15-1039, U.S. Sup.).



Patent Owner Asks Court To Consider Mayo/Alice Steps For 'Abstract Idea'
WASHINGTON, D.C. - A patent owner in a Feb. 28 petition for writ of certiorari asks the U.S. Supreme Court to decide if patent claims directed to concrete and tangible inventions, "which are neither directed to a mathematical algorithm nor a business method," are eligible subject matter under step one of the framework in Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289 (2012), and Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014) (Affinity Labs of Texas LLC v. Amazon.com Inc. and Amazon Digital Services Inc., No. 16-1047, U.S. Sup.).



High Court Asked By Patent Owner To Review 'Abstract Idea' Under Mayo/Alice
WASHINGTON, D.C. - Noting that the U.S. Supreme has found the "abstract idea" exception to 35 U.S. Code Section 101 to be a doctrine of restraint, a patent owner asks the court in a Feb. 27 petition to address whether patent claims directed to concrete and tangible inventions, "which are neither directed to a mathematical algorithm nor a business method," are eligible subject matter under step one of the framework in Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289 (2012), and Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014) (Affinity Labs of Texas LLC v. DIRECTTV LLC, et al., No. 16-1046, U.S. Sup.).



Kraft Argues Congress' 'Residence' Definition Included In Patent Venue Statute
WASHINGTON, D.C. - Congress has defined "residence" "[f]or all venue purposes" and "venue" to include the patent venue statute, Kraft Foods Group Brands LLC argues in a March 1 respondent brief to the U.S. Supreme Court, further asserting that this definition is the controlling one and, thus, a defendant resides in the District of Delaware for a patent infringement suit (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Patent Owner Appeals Noninfringement Judgment To Federal Circuit
WASHINGTON, D.C. - Following a July 2016 decision that upheld a preliminary injunction in favor of a patent owner, a subsequent appeal by the patent owner of a final judgment of noninfringement rendered in the same case will also soon be argued before the Federal Circuit U.S. Court of Appeals (Amgen Inc. v. Apotex Inc. and Apotex Corp., No. 17-1010, Fed. Cir.).



Patent Owner Tells Federal Circuit Rejection By Board Was Error
WASHINGTON, D.C. - The Patent Trial and Appeal Board's decision to affirm some rejections while reversing the non-rejection of other claims of a remote monitoring system and method patent should be vacated, patent owner Robert Bosch Healthcare Systems Inc. recently argued to the Federal Circuit U.S. Court of Appeals (Robert Bosch Healthcare Systems Inc. v. Medtronic Inc., No. 17-1031, Fed. Cir.).



Appellant Tells Federal Circuit Texas Judge Erred In Claim Construction
WASHINGTON, D.C. - Decisions by a Texas federal judge to grant a summary judgment of noninfringement and award of attorney fees and costs in a patent dispute were erroneous, a patent owner recently told the Federal Circuit U.S. Court of Appeals (Mark N. Chaffin v. Michael R. Braden and LBC Manufacturing, No. 16-2572, Fed. Cir.).



Dispute Over Priority Determinations Briefed Before Federal Circuit
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals is poised to hear a patent dispute that an appellant recently argued "raises important legal questions regarding the statutory and regulatory scheme for determining priority" (Droplets Inc. v. E*Trade Bank, et al., Nos. 16-2504 & 16-2602, Fed. Cir.).