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Headline Patents Legal News from LexisNexis®
Oral Arguments Held In Apple, Samsung Smartphone Design Patent Dispute
WASHINGTON, D.C. - An award of infringer's profits in a design patent case should consist only of those profits attributable to the article of manufacture to which the design patent is applied and not all profits realized from the total product, an attorney for petitioner Samsung Electronics Co. told the U.S. Supreme Court on Oct. 11 (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
Petitions For Certiorari In 2 Patent Cases Are Rejected By Supreme Court
WASHINGTON, D.C. - A dispute over the proper standard for disregarding or crediting the technical testimony of qualified experts when overturning a jury verdict of direct patent infringement will not be argued before the U.S. Supreme Court in an upcoming term in light of an Oct. 3 denial of certiorari; the court also turned away a petition that posed the question whether the Federal Circuit U.S. Court of Appeals erred in holding that there must be a proven reasonable expectation of success for a claimed combination invention to be deemed obvious (Commil USA LLC v. Cisco Systems Inc., No. 15-1446; E.I. du Pont de Nemours & Co. v. MacDermid Printing Solutions LLC, No. 15-1777, U.S. Sup.).
Divided Federal Circuit Reverses Patent Eligibility Ruling
WASHINGTON, D.C. - Although affirming findings by a Delaware federal judge that two anti-virus patents are invalid under 35 U.S. Code Section 101, a divided Federal Circuit U.S. Court of Appeals on Sept. 30 reversed findings that a third patent asserted in the case claims patent-eligible subject matter (Intellectual Ventures I LLC v. Symantec Corp., et al., Nos. 2015-1769, -1770, -1771, Fed. Cir.; 2016 U.S. App. LEXIS 17695).
Fraud Detection Patent Recites Ineligible Matter, Federal Circuit Concludes
WASHINGTON, D.C. - Finding no error in a Florida federal judge's determination of patent ineligibility under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals on Oct. 11 affirmed dismissal of a dispute over a fraud detection patent (FairWarning IP LLC v. Iatric Systems Inc., No. 15-1985, Fed. Cir.; 2016 U.S. App. LEXIS 18313).
Federal Circuit: Form 18 Inapplicable To Claims Of Joint Patent Infringement
WASHINGTON, D.C. - A New York federal judge's decision to dismiss allegations of patent infringement levied against CBS Corp. and CBS Interactive Inc. was affirmed Sept. 30 by the Federal Circuit U.S. Court of Appeals, which ruled that Form 18 in the Appendix to the Federal Rules of Civil Procedure does not apply in cases alleging joint patent infringement (Edwin Lyda v. CBS Corporation, et al., No. 15-1923, Fed. Cir.; 2016 U.S. App. LEXIS 17694).
Federal Circuit Affirms Infringement Ruling In Apple, Samsung Patent Suit
WASHINGTON, D.C. - In an Oct. 7 en banc majority opinion, the Federal Circuit U.S. Court of Appeals affirmed a trial court's judgment and a jury verdict in favor of Apple Inc. against Samsung Electronics Co. in a dispute over smartphone technology patents, vacating an earlier panel ruling that had reversed the lower court's ruling (Apple Inc. v. Samsung Electronics Co., Ltd., et al., Nos. 2015-1171, 2015-1195 and 2015-1994, Fed. Cir.; 2016 U.S. App. LEXIS 18225).
3rd Circuit Affirms Denial Of Fee Award In Unjust Enrichment Case
PHILADELPHIA - An unjust enrichment and misappropriation plaintiff who prevailed on a motion to remand his case to state court - based upon findings that the claims advanced are dissimilar from patent infringement claims - was nonetheless properly denied a request for attorney fees, the Third Circuit U.S. Court of Appeals ruled Oct. 6 (Eric Inselberg v. New York Football Giants Inc., et al., No. 14-4709, 3rd Cir.; 2016 U.S. App. LEXIS 18156).
Utah Federal Judge Dismisses Patent Noninfringement Claim, Allows Validity Challenge
SALT LAKE CITY - A declaratory judgment action seeking a declaration of noninfringement and invalidity with regard to two utility patents was partly dismissed Oct. 12 by a Utah federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6) (The Beer Barrel LLC v. Deep Wood Brew Products LLC, et al., No. 16-440, D. Utah.; 2016 U.S. Dist. LEXIS 141495).
Judge: Insured Failed To Provide Insurer Sufficient Notice Of Bad Faith Claim
ALBANY, Ga. - A Georgia federal judge on Sept. 30 found that an insured did not satisfy a statutory prerequisite demand requirement by failing to provide sufficient notice of a bad faith claim or litigation to its insurer before filing its initial complaint, granting the insurer's motion for summary judgment as to the bad faith claim (Foliar Nutrients Inc., et al. v. Nationwide Agribusiness Insurance Co., No. 14-75, M.D. Ga.; 2016 U.S. Dist. LEXIS 135327).
Patent Board Won't Review Sony Patent, Rejects Invalidity Allegation
ALEXANDRIA, Va. - Allegations by several petitioners that a bi-directional communications system patent owned by Sony Corp. is invalid pursuant to 35 U.S. Code Section 103 were turned away Oct. 7 by the Patent Trial and Appeal Board (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2016-00828, PTAB).
Baker Hughes Seeks Re-Examination Of Drag- Reducing Polymer Patent
ALEXANDRIA, Va. - A claimed method of introducing a drag-reducing polymer into a pipeline carrying a liquid hydrocarbon "was not new" and would have been obvious to one of ordinary skill in the art, Baker Hughes Incorporated asserts in an Oct. 6 petition for inter partes review by the Patent Trial and Appeal Board (Baker Hughes Incorporated v. Lubrizol Specialty Products Inc., No. IPR2016-01896, PTAB).
Patent Board Grants Inter Partes Review Of Perforation Detection Patent
ALEXANDRIA, Va. - A petition for inter partes review by Minerva Surgical Inc. was granted Oct. 6 by the Patent Trial and Appeal Board, which agreed that claims 1-15 of a patented method of detecting body cavity perforations are likely invalid under 35 U.S. Code Section 103 (Minerva Surgical Inc. v. Hologic Inc., No. IPR2016-00868, PTAB).
Apple Takes Aim At Flexible Interface Patent In New Petition
ALEXANDRIA, Va. - In several petitions for inter partes review filed with the Patent Trial and Appeal Board on Oct. 11, Apple Inc. attacked the validity of a patent covering digital emulation (Petition for Inter Partes Review of U.S. patent No. 6,470,399, No. IPR2016-01839, PTAB).
On Rehearing, Patent Board Finds New Ground To Reject Patent
ALEXANDRIA, Va. - A decision on rehearing from a September 2015 ruling that affirmed a patent examiner's rejection of various claims of a universal tire pressure monitoring patent yielded a new ground of rejection on Oct. 12 (Continental Automotive Systems US Inc. v. Schrader Electronics Inc., No. 2014-007436, PTAB).
Blood Glucose System Maker Asks High Court To Decide Who Institutes Inter Partes Review
WASHINGTON, D.C. - A manufacturer of a blood glucose monitoring system on Sept. 20 petitioned the U.S. Supreme Court to decide whether the Leahy-Smith America Invents Act (AIA) permits the Patent Trial and Appeal Board instead of the director of the U.S. Patent and Trademark Office to make inter partes review (IPR) institution decisions (LifeScan Scotland Ltd. v. Pharmatech Solutions Inc. and Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 16-377, U.S. Sup.).
Patent Owner Asks High Court To Decide If AIA Allows Board To Institute Inter Partes Review
WASHINGTON, D.C. - A patent owner petitions the U.S. Supreme Court on Sept. 20 to answer whether the Leahy-Smith America Invents Act (AIA) permits the Patent Trial and Appeal Board instead of the U.S. Patent and Trademark Office (PTO) director to make inter partes review (IPR) institution decisions (Ethicon Endo-Surgery Inc. v. Covidien LP and Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 16-366, U.S. Sup.).
Solicitor Says U.S. Supreme Court Should Deny Petition In Patent, Antitrust Case
WASHINGTON, D.C. - A petition by drug manufacturers asking the U.S. Supreme Court to consider "whether a reverse-payment agreement is immune from antitrust scrutiny if the consideration given by the brand-name manufacturer to the generic challenger is not a cash payment, but rather a promise to restrict its competition with the challenger after the challenger enters the market" should be denied, the U.S. solicitor general says in an Oct. 3 amicus curiae brief (SmithKline Beecham Corp., et al. v. King Drug Company of Florence Inc., No. 15-1055, U.S. Sup.).
Amicus Curiae Filer Supports Supreme Court Question On Statute Governing Patent Venue
WASHINGTON, D.C. - An amicus curiae filer argues in an Oct. 5 amicus curiae brief in support of TC Heartland LLC's petition that the U.S. Supreme Court should resolve the governing provision for a venue transfer dispute in a patent infringement lawsuit (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).
Federal Circuit: Discovery Sanctions In Patent Case Were Abuse Of Discretion
WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).
Solicitor General To Participate In Supreme Court Samsung, Apple Patent Case
WASHINGTON, D.C. - In a Sept. 26 miscellaneous order list, the U.S. Supreme Court granted a motion by the U.S. solicitor general to participate as amicus curiae in the upcoming oral arguments in a design patent lawsuit between Samsung Electronics Co. and Apple Inc. pertaining to Apple smartphone designs (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).
New Jersey Federal Judge Enjoins Sales Of Generic Levothyroxine Formulation
TRENTON, N.J. - Although denying a plaintiff's request to dismiss counterclaims of inequitable conduct, a New Jersey federal judge on Sept. 20 nonetheless granted the plaintiff a preliminary injunction in a patent dispute over injectable lyophilized levothyroxine (Fresenius Kabi USA LLC v. Fera Pharmaceuticals LLC, et al., No. 15-3654, D. N.J.; 2016 U.S. Dist. LEXIS 128126).
New Jersey Federal Judge Denies Relief In Air Freshener Patent Case
TRENTON, N.J. - A case involving claims of willful design patent infringement will proceed without a preliminary injunction in place, a New Jersey federal judge ruled Sept. 27 (Brandywine Product Group International v. Universal Distribution Center LLC, No. 16-2248, D. N.J.; 2016 U.S. Dist. LEXIS 132195).
California Federal Judge Agrees: 3 Claims Of 2 Patents Fail Section 101
SAN FRANCISCO - Amazon.com Inc. on Sept. 20 won dismissal with prejudice of allegations that it infringed two patents amid findings by a California federal judge that the patents in suit do not pass muster under 35 U.S. Code Section 101 (TriDim Innovations LLC v. Amazon.com Inc., No. 15-5477, N.D. Calif.; 2016 U.S. Dist. LEXIS 127483).
Federal Circuit Sends Denial Of Enhanced Patent Damages Back To Texas Court
WASHINGTON, D.C. - On remand from the U.S. Supreme Court, a divided Federal Circuit U.S. Court of Appeals on Sept. 21 vacated a Texas federal judge's denial of enhanced damages in a patent infringement dispute (WesternGeco LLC v. ION Geophysical Corp., Nos. 2013-1527, 2014-1121, -1526, -1528, Fed. Cir.; 2016 U.S. App. LEXIS 17215).
Federal Circuit Upholds Patent Board Determination That Patent Is Anticipated
WASHINGTON, D.C. - A covered business method (CBM) review of an interactive video distribution patent correctly ended in findings of patent invalidity under 35 U.S. Code Section 102, the Federal Circuit U.S. Court of Appeals ruled Sept. 26 (Intertainer Inc. v. Hulu LLC, No. 15-2065, Fed. Cir.; 2016 U.S. App. LEXIS 17452).
Divided Federal Circuit Reverses Patent Indefiniteness Holding
WASHINGTON, D.C. - Sprint Communications Co. LP and several affiliates (Sprint, collectively) prevailed Sept. 23 before the Federal Circuit U.S. Court of Appeals in their effort to overturn a Delaware federal judge's determination that six voice-over Internet protocol (VOIP) patents are invalid as indefinite under 35 U.S. Code Section 112 (Sprint Communications Company LP, et al. v. Cox Communications Inc., et al., No. 16-1013, Fed. Cir.; 2016 U.S. App. LEXIS 17372).
Federal Circuit Reverses Judgment Upholding Verdict In Patent Dispute
WASHINGTON, D.C. - An advisory verdict of patent validity and infringement that was later upheld by a Nevada federal judge was based upon an erroneous claim construction, the Federal Circuit U.S. Court of Appeals ruled Sept. 23 (Server Technology Inc. v. American Power Conversion Corporation, No. 15-1605, Fed. Cir.; 2016 U.S. App. LEXIS 17368).
Insurer Entitled To Rescind Professional Liability Policies, Federal Judge Rules
ROCKFORD, Ill. - An Illinois federal judge on Sept. 19 granted a professional liability insurer's request to rescind three policies because of material misrepresentations that a patent and trademark attorney insured made on his application (Minnesota Lawyers Mutual Insurance Co. v. Jerry A. Schulman, et al., No. 14-50142, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 127261).
EBay Seeks Inter Partes Review Of Graphic User Interface Patent
ALEXANDRIA, Va. - In a Sept. 22 petition for inter partes review filed with the Patent Trial and Appeal Board, eBay Inc. and others allege that a graphic user interface (GUI) patent is invalid under 35 U.S. Code Section 103 (eBay Inc., et al., v. Global Equity Management Pty. Ltd., No. IPR2016-01828, PTAB).
Patent Board Turns Away Challenge Of Remote Device Management Patent
ALEXANDRIA, Va. - Samsung Electronics Co. Ltd.'s claim that a patented remote device management method and system is invalid pursuant to 35 U.S. Code Section 103(a) was rejected Sept. 19 by the Patent Trial and Appeal Board (Samsung Electronics Co. Ltd. v. Koninklijke KPN N.V., No. IPR2016-00808, PTAB).
Patent Board Grants Petition, Consolidates Drug Patent Challenges
ALEXANDRIA, Va. - A petition by Teva Pharmaceuticals USA Inc. for inter partes review of 31 claims of a patent that claims compositions useful in the treatment of diabetes was granted Sept. 23 by the Patent Trial and Appeal Board, which additionally agreed that the challenge should be consolidated with an IPR petition by Mylan Pharmaceuticals Inc. that was granted in May (Teva Pharmaceuticals USA Inc. v. Astrazeneca AB, No. IPR2016-01122, PTAB).
Patent Board Institutes Review, Grants Petition By Apple
ALEXANDRIA, Va. - A patent that is the subject of a lawsuit pending in Missouri federal court will also be the subject of inter partes review, the Patent Trial and Appeal Board ruled Sept. 26 (Apple Inc. v. Masa LLC, No. IPR2016-00748, PTAB).
Post-Grant Review Of Bicycle Drivetrain Patent Sought In New Petition
ALEXANDRIA, Va. - In a Sept. 24 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board, a company specializing in shock absorbers for mountain bikes takes aim at a patent that discloses a solitary chainring of a front crankset of a bicycle drivetrain (FOX Factory Inc. v. SRAM LLC, No. PGR2016-00043, PTAB).
First Quality To High Court: No Error In Applying Laches In Patent Infringement Case
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' holding that the presumption of laches applies to a patent infringement action filed more than six years after a patentee learned of the allegedly infringing products should be preserved, First Quality Baby Products LLC argues in a Sept. 12 response brief to the U.S. Supreme Court (SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. v. First Quality Baby Products, LLC, et al., No. 15-927, U.S. Sup.).
Apotex Asks High Court To Consider Commercial Marketing Notice To Product Sponsor
WASHINGTON, D.C. - Apotex Inc. and Apotex Corp. (collectively, Apotex) ask the U.S. Supreme Court in a Sept. 9 petition for writ of certiorari to decide if the Federal Circuit U.S. Court of Appeals erred in holding that biosimilar applicants must provide a product sponsor with a notice of commercial marketing under the Biologics Price Competition and Innovation Act (BPCIA) (Apotex Inc. and Apotex Corp. v. Amgen Inc. and Amgen Manufacturing Ltd., No. 16-332, U.S. Sup.).
Mylan Asks High Court If ANDA Subjects Filers To Specific Personal Jurisdiction
WASHINGTON, D.C. - Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, Mylan) ask the U.S. Supreme Court in a Sept. 19 petition whether the filing of an abbreviated new drug application (ANDA) by a generic pharmaceutical manufacturer is sufficient to subject them to specific personal jurisdiction in any state where they might market the drug (Mylan Pharmaceuticals Inc. and Mylan Inc. v. Acorda Therapeutics Inc. and Alkermes Pharma Ireland Ltd., No. 16-360, U.S. Sup.).
Accused Patent Infringer Asks High Court To Consider Statute Governing Venue
WASHINGTON, D.C. - The U.S. Supreme Court should consider whether 28 U.S. Code Section 1400(b) is the only provision governing venue in patent infringement actions, an accused patent infringer argues in a Sept. 12 petition, saying the provision is not supplemented by 28 U.S. Code Section 1391(c) (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).
PTO Tells High Court Federal Circuit Lacks Right To Consider Inter Partes Review
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals lacks jurisdiction to consider whether inter partes review (IPR) was properly instituted for a patent owner's claim, the U.S. Patent and Trademark Office (PTO) argues to the U.S. Supreme Court in a Sept. 23 brief, citing Cuozzo Speed Technologies, LLC v. Lee (579 U.S. 136 S.Ct. 890 105 L.Ed. 2d 423 ) (Automated Creel Systems Inc. v. Shaw Industries Group Inc. and Michelle K. Lee, Under Secretary of Commerce For Intellectual Property and Director, No. 16-108, U.S. Sup.).
Jury Finds Apple's Devices Infringe Cellular Patent, Awards Plaintiff $22 Million
TYLER, Texas - After a seven-day trial in Texas federal court, a jury on Sept. 14 found that Apple Inc. infringed the asserted claims of a patent related to a method for detecting buffer status conditions, awarding the patentee more than $22 million (Cellular Communications Equipment LLC v. Apple Inc., No. 6:14-cv-00251, E.D. Texas).
On Remand, Federal Circuit Vacates Treble Damages In Patent Case
WASHINGTON, D.C. - Although reaffirming a jury's finding that three patents are valid and willfully infringed, the Federal Circuit U.S. Court of Appeals on Sept. 12 vacated a Michigan federal judge's award of treble damages and his subsequent determination that the case qualifies as exceptional (Stryker Corp. v. Zimmer Inc., et al., No. 13-1668, Fed. Cir.; 2016 U.S. App. LEXIS 16646).
Antitrust Claims Over Patent Litigation Revived By 3rd Circuit
PHILADELPHIA - A Delaware federal judge erred in treating antitrust standing as an issue of subject matter jurisdiction in dismissing a putative class action against alleged supracompetitive pricing of medicated eye drops, the Third Circuit U.S. Court of Appeals ruled Sept. 7 (Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd., et al., No. 15-3289, 3rd Cir.; 2016 U.S. App. LEXIS 16404).
Delaware Federal Judge Rejects Patent Ineligibility Challenge
WILMINGTON, Del. - Efforts by a patent infringement defendant to obtain dismissal of allegations that it infringed four patents were unsuccessful on Sept. 7 when a Delaware federal judge found that it remains unclear whether the patents in suit are invalid under 35 U.S. Code Section 101 (JSDQ Mesh Technologies LLC v. Fluidmesh Networks LLC, No. 16-212, D. Del.; 2016 U.S. Dist. LEXIS 119811).
Illinois Federal Judge Won't Reconsider Dismissal Of Patent Case
CHICAGO - An April 2016 dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6), of allegations that myriad defendants infringed a patented method for enhanced mercury control in coal-fired power plants will not be reconsidered, an Illinois federal judge revealed Sept. 14 (Nalco Company v. Chem-Mod LLC, et al., No. 14-2510, N.D. Ill.; 2016 U.S. Dist. LEXIS 124800).
Federal Circuit Affirms: Monoclonal Antibodies Are Not Infringed
WASHINGTON, D.C. - Findings in favor of a declaratory judgment plaintiff that patented monoclonal antibodies are not infringed by chimeric and humanized antibodies found in the "Cimzia" anti-inflammatory drug will stand in light of a Sept. 8 ruling by the Federal Circuit U.S. Court of Appeals (UCB Inc. v. Yeda Research and Development Co., No. 15-1957, Fed. Cir.; 2016 U.S. App. LEXIS 16474).
Michigan Federal Judge Allows Damages Testimony In Patent Infringement Suit
DETROIT - An expert may offer damages testimony on behalf of Garmin International Inc. in a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Sept. 12 (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 122922).
Federal Circuit Reverses Dismissal Of Patent Dispute, Says Standing Not Lacking
WASHINGTON, D.C. - A Virginia federal judge erred in finding no substantial controversy between a plaintiff and defendant in a patent lawsuit that requested a declaration of noninfringement and invalidity, the Federal Circuit U.S. Court of Appeals ruled Sept. 8 (Asia Vital Components Co. v. Asetek Danmark A/S, No. 15-1597, Fed. Cir.; 2016 U.S. App. LEXIS 16476).
Federal Circuit Reverses Patent Board, Deems Deicing Patent Valid
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that the use of desugared, sugar beet molasses (DSBM) to deice road surfaces would have been obvious to a person of ordinary skill in the art were reversed Aug. 31 by the Federal Circuit U.S. Court of Appeals (In re: Natural Alternatives LLC, No. 15-1911, Fed. Cir.; 2016 U.S. App. LEXIS 16278).
Siding With Facebook, Divided Federal Circuit Invalidates 5 Patent Claims
WASHINGTON, D.C. - The Patent Trial and Appeal Board properly held two claims of two patents invalid, but erroneously deemed five other claims not anticipated and not obvious, according to a divided ruling by the Federal Circuit U.S. Court of Appeals on Sept. 9 (Software Rights Archive LLC v. Facebook Inc., et al., Nos. 15-1649, -1650, -1651, Fed. Cir.; 2016 U.S. App. LEXIS 16561).
Patent Board Grants Covered Business Method Review Of Trading Patent
ALEXANDRIA, Va. - A patented method that purportedly improves electronic trading is likely invalid under 35 U.S. Code Section 101, the Patent Trial and Appeal Board concluded Sept. 13 in a decision to institute covered business method (CBM) review (CQG Inc., et al. v. Chart Trading Development LLC, No. CBM2016-00046, PTAB).
Oracle Patent Will Face Inter Partes Review By Patent Board
ALEXANDRIA, Va. - Six claims of a patent covering database query optimization will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Sept. 14 (Realtime Data LLC v. Oracle International Corp., No. IPR2016-00695, PTAB).
Hypermedia Navigation Patent Is Invalid, Netflix Says In New Petition
ALEXANDRIA, Va. - Citing four pieces of allegedly invalidating prior art, Netflix Inc. on Sept. 15 sought inter partes review before the Patent Trial and Appeal Board of a patent relating to the use of one device to select content for playback on another device (Netflix Inc. v. Convergent Media Solutions LLC, No. IPR2016-01812, PTAB).
Belt Connector Patent Is Invalid, New Inter Partes Review Petition Asserts
ALEXANDRIA, Va. - Several medical device makers on Sept. 15 took aim at a patent that claims a belt connector for electrically connecting an electrode belt to a biometric device, in a new petition for inter partes review filed with the Patent Trial and Appeal Board (Natus Medical Inc., et al., v. Nox Medical EHF, No. IPR2016-01822, PTAB).
LifeTech Argues To High Court: Patent Law Was Wrongly Broadened Abroad
WASHINGTON, D.C. - In a $52 million patent case over DNA tests, the Federal Circuit U.S. Court of Appeals erred when it extended U.S. patent law's reach to allow for infringement damages if a component of a patented invention originates from the United States and is combined with others overseas, Life Technologies Corp. (LifeTech) argues in a Sept. 1 petitioner brief to the U.S. Supreme Court (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
Geotag Asks U.S. Supreme Court To Review Patent Dispute With Google
WASHINGTON, D.C. - The U.S. Supreme Court should review the Federal Circuit U.S. Court of Appeals' decision affirming that Google Inc.'s advertising platform did not infringe GeoTag's patent for geographic search because the district court never had subject matter jurisdiction to hear the case, GeoTag Inc. argues in an Aug. 26 petition (GeoTag Inc. v. Google Inc., No. 16-268, U.S. Sup.).
Painkiller Maker Seeks Review Of Obviousness Inquiry In Patent Case
WASHINGTON, D.C. - Following an appellate court's decision that four patents covering the pain-relieving drug OxyContin are invalid, a painkiller manufacturer in a Sept. 1 petition for writ of certiorari asks the U.S. Supreme Court to consider whether an inventor's discovery is relevant to the obviousness inquiry (Purdue Pharma LP, et al. v. Epic Pharma LLC, et al., No. 16-289, U.S. Sup.).
Commil Tells High Court: Error In Use Of Expert Testimony To Reverse $74M Patent Award
WASHINGTON, D.C. - Commil USA LLC argues in an Aug. 29 reply brief to the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals violated its Seventh Amendment rights when the court reversed a jury's factual finding and a $74 million patent verdict against Cisco Systems Inc. based upon expert testimony (Commil USA LLC v. Cisco Systems Inc., No. 15-1446, U.S. Sup.).