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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 Won't Rehear Dispute Over Apportioned Patent Damages
WASHINGTON, D.C. - A deeply divided Federal Circuit U.S. Court of Appeals on Sept. 1 rejected a request for panel rehearing and rehearing en banc of a March ruling that upheld a $36 million lost profits award in a patent case (Mentor Graphics Corp. v. Synopsys Inc., et al., Nos. 2015-1470, -1554, -1556, Fed. Cir., 2017 U.S. App. LEXIS 16854).



California Federal Judge: 4 Asserted Patents Claim Ineligible Subject Matter
SAN FRANCISCO - A California federal judge on Sept. 1 granted Yahoo! Inc. dismissal of allegations that the search engine infringed four patents, after determining that each of the patents runs afoul of Section 101 of the Patent Act, 35 U.S.C. 101 (TS Patents LLC v. Yahoo! Inc., No. 17-1721, N.D. Calif., 2017 U.S. Dist. LEXIS 142573).



T-Mobile Gets Divided Ruling In Bid To Exclude Patentee's Expert Opinions
MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).



Federal Circuit: Protocol Processing Patent Properly Held Obvious
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 6 upheld findings by the Patent Trial and Appeal Board that a patented apparatus and method for cryptographic processing with the serial advanced technology attachment (SATA) protocol is unpatentable under Section 103 of the Patent Act, 35 U.S.C. 103 (Enova Technology Corp. v. Seagate Technology LLC, et al., No. 16-1749, Fed. Cir., 2017 U.S. App. LEXIS 17173).



Federal Circuit Affirms That Eyewear Retainer Patent Is Obvious
WASHINGTON, D.C. - The Patent Trial and Appeal Board, following inter partes review (IPR), did not err in deeming all 17 claims of a patented eyewear retention device obvious to a person of skill in the art, the Federal Circuit U.S. Court of Appeals ruled Sept. 12 (Cablz Inc. v. Chums Inc., et al., No. 16-1823, Fed. Cir., 2017 U.S. App. LEXIS 17561).



New Jersey Federal Judge Transfers Patent Action To Minnesota Court
TRENTON, N.J. - Allegations of infringement involving a patented laser light decorative lighting apparatus should proceed in Minnesota federal court, a New Jersey federal judge ruled Sept. 6 (Telebrands Corp. v. Seasonal Specialties, No. 17-3390, D. N.J., 2017 U.S. Dist. LEXIS 143900).



Nevada Federal Judge Denies Patent Plaintiff Enhanced Damages
LAS VEGAS - On remand from the U.S. Supreme Court, a Nevada federal judge on Sept. 6 again denied a prevailing patent infringement plaintiff enhanced damages, even under the Supreme Court's newly announced standard for such awards (Halo Electronics Inc. v. Pulse Electronics Inc., et al., No. 07-331, D. Nev., 2017 U.S. Dist. LEXIS 143737).



Federal Judge Grants Motion For Judgment In Hookah Patent Infringement Suit
LOS ANGELES - A federal judge in California on Sept. 11 granted a hookah bowl maker's motion for default judgment against a hookah retailer and awarded the plaintiff $105,600 in damages, which includes attorney fees (Albert Kirakosian, et al. v. J&L Sunset Wholesale & Tobacco, et al., No. 2:16-cv-06097, C.D. Calif., 2017 U.S. Dist. LEXIS 147715).



Federal Circuit Panel Upholds $91M Verdict In Trade Secrets Lawsuit
WASHINGTON, D.C. - A federal district court did not err in denying a company's motion for a new trial following a jury's award of a $70 million verdict on claims for misappropriation of trade secrets and a federal judge's order requiring the company to pay an additional $21 million because a damages award in the action was not "against the clear weight of the evidence," a Federal Circuit U.S. Court of Appeals panel ruled Sept. 1 in affirming the lower court's ruling (CardiAQ Valve Technologies, Inc. v. Neovasc Inc., Nos. 17-1302, 17-1513, Fed. Cir., 2017 U.S. App. LEXIS 16856).



Trademark, Patent Infringement Judgment Upheld By Federal Circuit
WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion or err in entering a final judgment of trademark and patent infringement against a defendant accused of selling a competing, knockoff hydradermabrasion system, the Federal Circuit U.S. Court of Appeals held Sept. 8 (Edge Systems LLC, et al. v. Rafael Newton Aguila, No. 16-2189, Fed. Cir., 2017 U.S. App. LEXIS 17365).



Patent Board Won't Rehear Denial Of Inter Partes Review
ALEXANDRIA, Va. - An expanded panel of the Patent Trial and Appeal Board on Sept. 6 announced that it won't reconsider its decision to deny five separate requests for inter partes review by General Plastic Industrial Co. Ltd., saying "multiple, staggered petition filings, such as those here, are an inefficient use of the inter partes review process and the Board's resources" (General Plastic Industrial Co. Ltd. v. Canon Kabushiki Kaisha, Nos. IPR2016-01357, IPR2016-01358, IPR2016-01359, IPR2016-01360, IPR2016-01361, PTAB).



Facebook Challenges Denial Of Inter Partes Review By Patent Board
ALEXANDRIA, Va. - A decision by the Patent Trial and Appeal Board to deny inter partes review of a digital streaming patent was "a manifest error," Facebook Inc. alleges in a Sept. 1 request for rehearing (Facebook Inc. v. Skyy LLC, No. IPR2017-00691, PTAB).



High-Voltage Switching Patent Is Obvious, Petitioner Tells Board
ALEXANDRIA, Va. - A claimed centralized control system for the management of distribution and sales of electricity in a spot market was targeted for inter partes review (IPR) by the Patent Trial and Appeal Board in a Sept. 6 petition (Electric Reliability Council of Texas v. GRID Innovations LLC, No. IPR2017-02033, PTAB).



Petitioner Tells Patent Board Semiconductor Testing Patent Is Obvious
ALEXANDRIA, Va. - In a Sept. 11 petition for inter partes review by the Patent Trial and Appeal Board, Mentor Graphics Corp. takes aim at a patent directed to a method and apparatus for semiconductor testing, asserting that generating test data and identifying an outlier in the test data "was well known" in the art (Mentor Graphics Corporation v. Eric Paul Tabor, No. IPR2017-02094, PTAB).



Patent Board Institutes Review Of System, Method For Controlling Trains
ALEXANDRIA, Va. - In a Sept. 14 ruling, the Patent Trial and Appeal Board found that Westinghouse Air Brake Technologies Corp. enjoys a reasonable likelihood of proving that various claims of a patented system and method of controlling a train are unpatentable (Westinghouse Air Brake Technologies Corp. v. Siemens Industries Inc., No. IPR2017-00981, PTAB).



Parties, PTO Brief High Court On Requirements Of Inter Partes Review Scope
WASHINGTON, D.C. - In a pair of Sept. 5 respondent briefs, the interim director of the U.S. Patent and Trademark Office (PTO) and a patent holder tell the U.S. Supreme Court that when the Trademark Trial and Appeal Board (TTAB) institutes inter partes review (IPR) of the validity of patent claims, it is not required to review or rule on every patent claim asserted in a party's petition for review (SAS Institute Inc. v. Joseph Matal, et al., No. 16-969, U.S. Sup.).



Apple, Samsung Brief On 'Article Of Manufacture' In Remanded Design Patent Case
SAN JOSE, Calif. - In briefs filed Sept. 8 in response to a California federal judge's directive after rulings and remand orders from the U.S. Supreme Court and the Federal Circuit U.S. Court of Appeals, Apple Inc. and Samsung Electronics Co. Ltd. address questions about how to determine what the relevant "article of manufacture" is of products accused infringing a design patent and, relatedly, how to identify profits attributable to the article (Apple Inc. v. Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).



Claim Construction By Patent Board Debated Before Federal Circuit
WASHINGTON, D.C. - In oral arguments on Sept. 8, the Federal Circuit U.S. Court of Appeals heard an appeal of a Patent Trial and Appeal Board ruling that two claims of a patented tissue graft composed of the two primary layers of the human placenta patent would have been obvious to a person of skill in the art (POSITA) (MiMedx Group Inc. v. Musculoskeletal Transplant Foundation, No. 17-1043, Fed. Cir.).



Oral Arguments Approach In Patent Dispute Over Safe Harbor
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 4 will hear oral arguments in a case that poses the question of whether safe harbor protection for clinical activities can be repealed based upon the use of data derived subsequent to approval (Classen Immunotherapies Inc. v. Elan Pharmaceuticals Inc., No. 17-1033, Fed. Cir.).



Eligibility Of Patented Method For File Filtering Argued In Federal Circuit Briefs
WASHINGTON, D.C. - A dispute over the eligibility of a patented method for identifying "unauthorized" files, such as those that contain offensive or illegal content, will be argued before the Federal Circuit U.S. Court of Appeals on Oct. 3 (Intellectual Ventures I LLC v. Erie Indemnity Company, et al., No. 17-1147, Fed. Cir.).



Trademark Applicant Tells Federal Circuit Design Is Not Functional
WASHINGTON, D.C. - An examiner's decision - later upheld by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) - that a proposed U-shaped design for a locking channel is unprotectable as functional in light of several expired utility patents will be debated Oct. 4 before the Federal Circuit U.S. Court of Appeals (In re: Openings, No. 16-2307, Fed. Cir.).



Federal Circuit Grants Rehearing In Dispute Over Patent Office Fee Award
WASHINGTON, D.C. - In an en banc, sua sponte order issued Aug. 31, the Federal Circuit U.S. Court of Appeals announced that it will rehear a dispute over the U.S. Patent and Trademark Office (PTO)'s entitlement to attorney fees upon a successful defense of a rejected patent application (NantKwest Inc. v. Joseph Matal, Acting Director U.S. Patent and Trademark Office, No. 16-1794, Fed. Cir.).



Divided Federal Circuit: Postal Service Can Seek Patent Review Under AIA
WASHINGTON, D.C. - In an Aug. 28 ruling, a divided Federal Circuit U.S. Court of Appeals upheld findings by the Patent Trial and Appeal Board that a mail-processing patent is directed to ineligible subject matter after agreeing that a governmental agency - the U.S. Postal Service (USPS) -may initiate covered business method (CBM) review under the America Invents Act (AIA) (Return Mail Inc. v. United States Postal Service, No. 16-1502, Fed. Cir., 2017 U.S. App. LEXIS 16364).



Federal Circuit Affirms: Remote Ordering System Patent Not Infringed
WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528, Fed. Cir., 2017 U.S. App. LEXIS 15490).



3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible
PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (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: Oracle Did Not Infringe Middleware Patent
WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S. App. LEXIS 15812).



Federal Circuit Upholds Patent Board Inter Partes Review Findings
WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in determining that a patented heating, ventilating and air conditioning (HVAC) system is invalid as anticipated or obvious, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. Ltd., et al., No. 16-2321, Fed. Cir., 2017 U.S. App. LEXIS 15923).



Federal Circuit Says 'Block-Like' Claim Term Renders Patent Indefinite
WASHINGTON, D.C. - An ex parte re-examination of a patent claiming an artificial reef ended correctly with a finding by the Patent Trial and Appeal Board that the term "block-like" is indefinite, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (In re: David Walter, No. 16-2256, Fed. Cir., 2017 U.S. App. LEXIS 15909).



Attorney Fee Award Upheld By Federal Circuit In Longstanding Patent Case
WASHINGTON, D.C. - An award of $1.6 million in attorney fees in a patent dispute that made its way to the U.S. Supreme Court in 2014 was affirmed Aug. 25 by the Federal Circuit U.S. Court of Appeals (ICON Health & Fitness Inc. v. Octane Fitness LLC, No. 16-1047, Fed. Cir.).



Massachusetts Federal Judge Denies Micron Request For Dismissal Of Patent Claims
BOSTON - Allegations by the president and fellows of Harvard College that a defendant infringed two Harvard patents should proceed in Massachusetts, a federal judge ruled Aug. 30 in the latest case to address the implications of the May 2017 U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) (President and Fellows of Harvard College v. Micron Technology Inc., No. 16-11429, D. Mass., 2017 U.S. Dist. LEXIS 139485).



Irell & Manella Partner Andrei Iancu Nominated As Next PTO Director
WASHINGTON, D.C. - In a statement issued Aug. 25, U.S. President Donald J. Trump announced the nomination of Andrei Iancu to serve as undersecretary of Commerce for Intellectual Property and director of the U.S. Patent and Trademark Office.



Nichia Patent Named In New Petition For Inter Partes Review
ALEXANDRIA, Va. - In an Aug. 25 request for inter partes review (IPR), two petitioners assert that a Nichia Corp. patent is "an attempt to monopolize the basic notion of mixing blue and yellow to create white, as applied to" light emitting devices (LEDs) (TCL Multimedia Technology Holdings Ltd. and TTE Technology Inc. v. Nichia Corp., No. 2017-01999, PTAB).



Patent Board Grants Comcast Petition, Institutes Inter Partes Review
ALEXANDRIA, Va. - A request by Comcast Cable Communications LLC for inter partes review (IPR) of an interactive program guide patent was granted Aug. 28 by the Patent Trial and Appeal Board, which agreed that a person of skill in the art (POSITA) would have been motivated to combine several prior art references to arrive at the claimed invention (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00867, PTAB).



Volatile Memory System Patent Singled Out For Inter Partes Review
ALEXANDRIA, Va. - A patent claiming a volatile memory system with data-retention capabilities during low-power situations would have been obvious to a person of skill in the art, as well as anticipated by prior art, Samsung Electronics America Inc. alleges in an Aug. 28 petition for inter partes view by the Patent Trial and Appeal Board (Samsung Electronics America Inc. v. James B. Goodman, No. IPR2017-02021, PTAB).



United Technologies Tells Patent Board It Will Appeal Ruling To Federal Circuit
ALEXANDRIA, Va. - A patent owner on Aug. 28 announced its intent to appeal a June 2017 adverse inter partes review (IPR) holding to the Federal Circuit U.S. Court of Appeals (General Electric Company v. United Technologies Corporation, No. IPR2016-00533, PTAB).



Vehicle Monitoring Patent Singled Out In New Petition For Inter Partes Review
ALEXANDRIA, Va. - A patent covering machines or groups of machines that monitor the location of vehicles and freight would have been obvious to a person of skill in the art (POSITA), a frozen food company alleges in an Aug. 31 petition for inter partes review by the Patent Trial and Appeal Board (Ruiz Food Products Inc. v. MacroPoint LLC, No. IPR2017-02018, PTAB).



3D Tech Patent Holder Asks High Court To Consider Infringement Equivalence Factor
WASHINGTON, D.C. - In an Aug. 22 petition for certiorari, the owner of a patent for a three-dimensional (3D) image technology patent asks the U.S. Supreme Court to decide whether a court needs to consider the factor of known interchangeability when determining whether an item infringes a patent under the doctrine of equivalents (Tomita Technologies USA LLC, et al. v. Nintendo Co. Ltd., et al., No. 17-292, U.S. Sup.).



Outcome Of Bench Trial Disputed By Patent Owners In Federal Circuit Appeal
WASHINGTON, D.C. - A Delaware federal judge's ruling, following a bench trial, that four patents covering thrice-weekly injections of 40 mg glatiramer acetate (GA) are invalid was erroneous, the makers of the drug recently told the Federal Circuit U.S. Court of Appeals (Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., No. 17-1575, Fed. Cir.).



Patent Owner Tells Federal Circuit Collateral Estoppel Finding Was Erroneous
WASHINGTON, D.C. - A Delaware federal judge erroneously entered a summary judgment of noninfringement in a longstanding dispute over a patented process for producing steel, the patent owners recently told the Federal Circuit U.S. Court of Appeals (ArcelorMittal and ArcelorMittal Atlantique et Lorraine v. AK Steel Corporation, No. 17-1637, Fed. Cir.).



Patent Owner Appeals Section 101 Ruling To Federal Circuit
WASHINGTON, D.C. - A Finjan Inc. malware detection patent is directed to patent-ineligible subject matter, and a California federal judge's conclusions to the contrary were in error, an infringement defendant recently told the Federal Circuit U.S. Court of Appeals in a case that will be heard Sept. 8 (Blue Coat Systems Inc. v. Finjan Inc., No. 16-2520, Fed. Cir.).



Parties Brief Federal Circuit In Dispute Over Patent Injunction, Damages
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Sept. 5 will hear a dispute over three claims of a ceramic capacitor patent that a California federal judge deemed sufficiently definite in June 2016, as well as claims by an infringement defendant that no causal nexus exists between a claimed feature and consumer demand (Presidio Components Inc. v. American Technical Ceramics Corp., Nos. 16-2607, -2650, Fed. Cir.).



Pillowcase Maker Tells High Court Amazon Is Liable For Selling Infringing Goods
WASHINGTON, D.C. - Appealing rulings in favor of Amazon.com Inc. by both a trial court and an appeals court, the maker of a line of children's pillowcases filed a petition for certiorari with the U.S. Supreme Court on Aug. 21, seeking review of the standards for determining when an online retailer is liable for copyright or patent infringement from the sale of third parties' counterfeit goods (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 17-287, U.S. Sup.).



Divided Federal Circuit Says Patent Recites A Technological Improvement
WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).



Divided Federal Circuit Reverses Rejection Of Patent Validity Challenge
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed the validity of a household blender patent was reversed Aug. 4 by a divided Federal Circuit U.S. Court of Appeals (Homeland Housewares LLC v. Whirlpool Corporation, No. 16-1511, Fed. Cir., 2017 U.S. App. LEXIS 14332).



Federal Circuit Upholds Patent Board Obviousness, Anticipation Holding
WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).



Federal Circuit Vacates Fee Rulings In Patent, Trademark Dispute
WASHINGTON, D.C. - A decision by a Connecticut federal judge to award fees under the Patent Act, 35 U.S.C. 285, but deny a similar award in connection with a jury's finding of trademark infringement was vacated Aug. 9 by a divided Federal Circuit U.S. Court of Appeals (Romag Fasteners Inc. v. Fossil Inc., Nos. 2016-1115, 2016-1116, 2016-1842, Fed. Cir., 2017 U.S. App. LEXIS 14644).



Federal Circuit: No Right To Jury Trial In Section 285 Disputes
WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).



With Jurisdiction Lacking, Writ Compelling Discovery Denied In Patent Case
WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which deemed jurisdiction over the dispute lacking under the collateral order doctrine (Amgen Inc. v. Hospira Inc., No. 16-2179, Fed. Cir.).



Expert Testimony In Patent, Trade Secrets Action Allowed By Federal Judge
SHERMAN, Texas - A Texas federal judge on Aug. 7 declined to exclude testimony from two experts for a pharmaceutical company asserting patent infringement and trade secret misappropriation claims against rival companies, ruling that the experts' opinions meet all standards for expert testimony (Tech Pharmacy Services, LLC v. Alixa Rx LLC, et al., No. 4:15-cv-766, E.D. Texas, 2017 U.S. Dist. LEXIS 124423, 2017 U.S. Dist. LEXIS 123990).



Delaware Federal Judge Enters Partial Judgment Of No Patent Infringement
WILMINGTON, Del. - Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners America Inc., et al. v. Toshiba Corp., et al., No. 14-803; MiiCs and Partners America Inc. v. Funai Electric Co., et al., No. 14-804, D. Del., 2017 U.S. Dist. LEXIS 127745).



Texas Federal Judge Orders New Deposition In Patent Case
SHERMAN, Texas - A plaintiff will be permitted another opportunity to depose the author of a patent opinion letter at the expense of an infringement defendant "as a remedy" for conduct by defense counsel, a Texas federal judge ruled Aug. 11 (Tech Pharmacy Services LLC v. Alixa Rx LLC, No. 15-766, E.D. Texas, 2017 U.S. Dist. LEXIS 127965).



Citing TC Heartland, Tennessee Federal Judge Transfers Patent Case
KNOXVILLE, Tenn. - A dispute over a patented plastic bifold table sold within the Eastern District of Tennessee should proceed in Michigan federal court, a Tennessee federal judge concluded Aug. 14 (Maxchief Investment Limited v. Plastic Development Group LLC, No. 16-63, E.D. Tenn., 2017 U.S. Dist. LEXIS 128432).



Composition Of Soft Tissue Filler Not Patentable, Petition Asserts
ALEXANDRIA, Va. - A patent claiming an injectable soft tissue filler containing lidocaine and hyaluronic acid would have been obvious to a person of ordinary skill in the art, a petitioner told the Patent Trial and Appeal Board on Aug. 2 (Teoxane S.A. v. Allergan Industries SAS, No. IPR2017-01906, PTAB).



Patent Board Grants Comcast Inter Partes Review Petition
ALEXANDRIA, Va. - In an Aug. 8 decision, the Patent Trial and Appeal Board found that Comcast Cable Communications LLC established a reasonable likelihood that it will prevail on its allegation that at least one of 24 claims in an interactive program guide patent would have been obvious to a person of ordinary skill in the art (Comcast Cable Communications LLC v. Rovi Guides Inc., No. IPR2017-00744, PTAB).



Petitioner Tells Board Spinal Stimulation Patent Would Have Been Obvious
ALEXANDRIA, Va. - Six claims of a patented system for spinal cord stimulation (SCS) are targeted in an Aug. 11 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board (Nevro Corp. v. Boston Scientific Neuromodulation Corp., No. IPR2017-01920, PTAB).



Apple Tells Patent Board Physiological Sensor Patent Is Obvious
ALEXANDRIA, Va. - In an Aug. 15 petition for inter partes review (IPR) before the Patent Trial and Appeal Board, Apple Inc. argues that a noninvasive physiological sensor patent "attempts to claim" a "simple concept" that had "been in common usage years before" the underlying application was filed (Apple Inc. v. Valencell Inc., No. IPR2017-01947, PTAB).



Patented Multiple Sclerosis Treatment Regimen Targeted In New Petition
ALEXANDRIA, Va. - A Novartis A.G. patent covering a method of administering the immunosuppressant fingolimod hydrochloride (FTY720) would have been obvious to a person of skill in the art, two drug companies argue in an Aug. 15 petition for inter partes review (IPR) by the Patent Trial and Appeal Board (Actavis Elizabeth LLC, et al. v. Novartis A.G., No. IPR2017-01946, PTAB).



Samsung To Federal Circuit: Hot-Spot Patent Properly Deemed Obvious
WASHINGTON, D.C. - In an Aug. 11 appellee brief filed with the Federal Circuit U.S. Court of Appeals, Samsung Electronics Co. Ltd. and related entities defended the propriety of a December 2016 ruling by the Patent Trial and Appeal Board, which deemed myriad claims of a wireless hot-spot technology patent obvious under Section 103 of the Patent Act, 35 U.S.C. 103 (IXI IP LLC v. Samsung Electronics Co. Ltd., No. 17-1665, Fed. Cir.).



Obviousness Finding By Patent Board At Issue In Federal Circuit Appeal
WASHINGTON, D.C. - A determination by the Patent Trial and Appeal Board that two claims of a circuit patent are obvious should be reversed because the decisions runs afoul of the U.S. Supreme Court ruling in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007), a patent owner tells the Federal Circuit U.S. Court of Appeals in a May 8 appellant brief (Philips Lighting North America Corp. v. Wangs Alliance Corporation, No. 17-1526, Fed. Cir.).



Inventor Appeals Rejection Of Patent Application To Federal Circuit
WASHINGTON, D.C. - The Patent Trial and Appeal Board erred in sustaining a rejection of various claims of a method for treating restless leg syndrome (RLS), the owner of the application recently told the Federal Circuit U.S. Court of Appeals (In re: Erwin Schollmayer, No. 17-1574, Fed. Cir.).



Encryption Patent Improperly Rejected, Owner Tells Federal Circuit
WASHINGTON, D.C. - An ex parte re-examination of a data encryption patent ended in an erroneous rejection of 28 claims, the owner argues in a June 16 brief before the Federal Circuit U.S. Court of Appeals (In re: TecSec Inc., No. 17-1648, Fed. Cir.).