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



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



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



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



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



Judge: Unfair Competition Claim Superseded By State Misappropriation Claim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a California unfair competition law claim in a misappropriation of trade secrets lawsuit is proper because the claim is superseded by a state trade secrets law claim, a federal judge in California ruled June 8 in dismissing the claim (Waymo LLC v. Uber Technologies Inc., et al., No.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



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



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



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



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



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



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



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



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



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



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



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



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



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



Supreme Court: 'Reside' In Patent Venue Statute Not Amended By Congress
WASHINGTON, D.C. - Changes by Congress to the general venue statute, 28 U.S.C. 1391(c), did not modify the meaning of the patent venue statute, 28 U.S.C. 1400(b), as interpreted in Fourco Glass Co. v. Transmirra Products Corp., 353 U. S. 222, 226 (1957), to mean that a domestic corporation "resides" only in its state of incorporation, the U.S. Supreme Court unanimously ruled May 22 (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Supreme Court Rules Against Lexmark, Says Patent Rights Exhausted
WASHINGTON, D.C. - In a ruling May 30, the U.S. Supreme Court found that Lexmark International Inc. exhausted its domestic and international patent rights "the moment it sold" certain refillable printer cartridges in the United States (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).



Certiorari Granted In Dispute Over Scope Of IPR Final Decisions
WASHINGTON, D.C. - A divided June 2016 ruling by the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board need not address in a final written decision the patentability of all claims identified in a petition for inter partes review (IPR) will be reviewed, the U.S. Supreme Court announced May 22 (SAS Institute Inc. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office and ComplementSoft LLC, No. 16-969, U.S. Sup.).



Solicitor General's Views Invited In Dispute Over Patent Lost Profits
WASHINGTON, D.C. - In its May 30 orders list, the U.S. Supreme Court called for the views of the solicitor general in a dispute over the availability of lost profits in cases where infringement is proven under the Patent Act, 35 U.S. Code Section 271(f), but where the profits arise from prohibited combinations occurring outside the United States (WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, U.S. Sup.).



Twitter Prevails Before Federal Circuit In Patent Eligibility Dispute
WASHINGTON, D.C. - A New York federal judge properly granted Twitter Inc. a summary judgment that five direct message publishing patents claim ineligible subject matter, the Federal Circuit U.S. Court of Appeals ruled May 12 (EasyWeb Innovations LLC v. Twitter Inc., No. 16-2066, Fed. Cir., 2017 U.S. App. LEXIS 8436).



Federal Circuit Denies En Banc Hearing In Challenge To AIA
WASHINGTON, D.C. - A request by a patent licensee for en banc hearing of an appeal over the right of third parties to challenge patents in a petition for inter partes review (IPR) before the Patent Trial and Appeal Board was denied May 11 by the Federal Circuit U.S. Court of Appeals (Cascades Projection LLC v. Epson America Inc., et al., Nos. 17-1517, -1518, Fed. Cir., 2017 U.S. App. LEXIS 8337).



Board Erred In Prior Conception Analysis, Federal Circuit Rules
WASHINGTON, D.C. - A determination by the Patent Trial and Appeal Board that various claims of a challenged wireless hotspot patent are invalid was remanded May 31 by the Federal Circuit U.S. Court of Appeals, which found that the board improperly rejected a patent owner's assertion of prior conception (Intellectual Ventures II LLC v. Motorola Mobility LLC, No. 16-1361, Fed. Cir., 2017 U.S. App. LEXIS 9506).



Federal Circuit Affirms Exceptionality Finding, Fee Award In Patent Case
WASHINGTON, D.C. - A Delaware federal judge's award of $2.5 million in attorney fees in connection with a successful defense of an equity action alleging fraud upon the court was not an abuse of discretion, the Federal Circuit U.S. Court of Appeals ruled May 11 (NOVA Chemicals Corp., et al. v. Dow Chemical Co., No. 16-1576, Fed. Cir., 2017 U.S. App. LEXIS 8338).



New York Federal Judge Won't Reconsider Denial Of Stay In ITC Patent Case
NEW YORK - Efforts by Comcast Corp. to enjoin patent allegations pending against it before the International Trade Commission (ITC) were again unsuccessful on May 15, when a New York federal judge refused to reconsider an earlier order denying a preliminary injunction (Comcast Corporation v. Rovi Corporation, No. 16-3852, S.D. N.Y., 2017 U.S. Dist. LEXIS 73669).



Federal Circuit Cites Claim Construction, Vacates Board Ruling
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to deem eight claims of a spinal implant patent obvious under the Patent Act, 35 U.S.C. 103, was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 31 (In re: NuVasive Inc., No. 15-1841, Fed. Cir., 2017 U.S. App. LEXIS 9507).



Federal Circuit Affirms Invalidation Of 2 Reissue Patent Claims
WASHINGTON, D.C. - In a divided May 16 ruling, the Federal Circuit U.S. Court of Appeals found no error in a Delaware federal judge's decision to invalidate two claims of a reissue patent directed to a boron-containing steel sheet (ArcelorMittal, et al. v. AK Steel Corp., et al., No. 16-1357, Fed. Cir., 2017 U.S. App. LEXIS 8565).



New Jersey Federal Judge Transfers Copaxone Patent Case To Delaware
TRENTON, N.J. - A dispute over plans by Sandoz Inc. and Momenta Pharmaceuticals Inc. (Sandoz, collectively) to sell generic Copaxone will proceed in Delaware federal court, a New Jersey federal judge ruled May 22 (Teva Pharmaceuticals Industries Ltd. v. Sandoz Inc., et al., No. 17-275, D. N.J., 2017 U.S. Dist. LEXIS 77193).



Federal Circuit Partly Reverses Injunction In Equivalents Case
WASHINGTON, D.C. - Although a Texas federal judge erred in barring the manufacture and sale of an accused generic form of the lymph-node-mapping dye isosulfan blue (ISB) with regard to two patents, relief was proper with regard to a third patent, the Federal Circuit U.S. Court of Appeals ruled May 19 (Mylan Institutional LLC, et al. v. Aurobindo Pharma Ltd., No. 17-1645, Fed. Cir., 2017 U.S. App. LEXIS 8792).



Uber Enjoined From Using Stolen Waymo Files In Self-Driving Car Trade Secret Suit
SAN FRANCISCO - Finding "compelling evidence" that a former Waymo LLC employee misappropriated confidential files and provided them to Uber Technologies Inc., a California federal judge on May 15 granted in part Waymo's motion for a preliminary injunction, ordering Uber to cease using any of the stolen materials in the development of its self-driving car technology (Waymo LLC v. Uber Technologies Inc., et al., No. 3:17-cv-00939, N.D. Calif.).



Federal Circuit Lacks Jurisdiction In Dispute Over Prejudgment Interest
WASHINGTON, D.C. - A Nevada federal judge's decision to award Halo Electronics Inc. prejudgment interest in a patent dispute is not appealable, because a final judgment has not yet been entered in the case, the Federal Circuit U.S. Court of Appeals ruled May 26 (Halo Electronics Inc. v. Pulse Electronics Inc., No. 16-2006, Fed. Cir.).



Federal Circuit: Patent, Copyright, Trademark Claims Properly Rejected
WASHINGTON, D.C. - A Washington federal judge did not err in rejecting allegations that Amazon.com Inc. infringes the intellectual property of others through its online marketplace and "Fulfillment by Amazon" service, the Federal Circuit U.S. Court of Appeals ruled May 23 (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 16-1290, Fed. Cir., 2017 U.S. App. LEXIS 8932).



Counterclaims, Defenses Dismissed In Trademark Dispute Over Cup Design
CHICAGO - Trademark infringement plaintiff Solo Cup Operating Corp. on May 17 won dismissal of counterclaims that Solo's complaint is preempted by the Patent Act, 35 U.S.C. 1 et seq., when an Illinois federal judge agreed that a product configuration disclosed in an expired utility patent can nonetheless be entitled to trade dress protection (Solo Cup Operating Corporation v. Lollicup USA Inc., No. 16-8041, N.D. Ill., 2017 U.S. Dist. LEXIS 74922).



Yahoo Seeks Covered Business Method Review Of 3 Patents
ALEXANDRIA, Va. - In three petitions for covered business method (CBM) review filed May 15 with the Patent Trial and Appeal Board, Yahoo! Inc. asserts that various claims of patents relating to targeted advertising cover ineligible subject matter (Yahoo! Inc. v. AlmondNet Inc., No. CBM2017-00050, PTAB).



Google Prevails Before Board In Consolidated Inter Partes Review
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on May 17 issued a final written decision declaring seven claims of a data optimization patent unpatentable as obvious (Google Inc. v. Vedanti Systems Ltd., No. 2016-00212, PTAB).



Patent Board Rejects Claims Of Content Streaming Patent
ALEXANDRIA, Va. - Claims 1-20 of a proposed patented method for quick content channel discovery, streaming content and switching from one content stream to another with minimal latency were rejected May 18 by the Patent Trial and Appeal Board (Ex parte Mika Kuulusa, No. 2016-007047, PTAB).



Semiconductor Patent Challenged In New Inter Partes Review Petition
ALEXANDRIA, Va. - A patent covering three process categories commonly used in the fabrication of semiconductor devices would have been obvious to a person of ordinary skill in the art, a petitioner for inter partes review told the Patent Trial and Appeal Board on May 22 (SPTS Technologies Ltd. v. Plasma-Therm LLC, No. IPR2017-01457, PTAB).



Patent Board Rejects Allegation Of Anticipation
ALEXANDRIA, Va. - Arista Networks Inc. failed to persuade the Patent Trial and Appeal Board on May 25 in an inter partes review (IPR) that a single challenged patent claim fails to pass muster under the Patent Act, 35 U.S.C. 102 (Arista Networks Inc. v. Cisco Systems Inc., No. IPR2016-00306, PTAB).



VirnetX Appeals To Federal Circuit, Disputes Prior Art Ruling By Board
WASHINGTON, D.C. - A finding by the Patent Trial and Appeal Board that prior art qualified as a "printed publication" within the meaning of the Patent Act, 35 U.S.C. 102(b), came under fire in a recent brief filed with the Federal Circuit U.S. Court of Appeals (VirnetX Inc. v. Apple Inc., Nos. 2017-1131, -1132, -1186, -1274, -1275, -1276, -1291, Fed. Cir.).



In Remand Briefs, Apple, Samsung Debate Scope Of Design Patent Infringer Profits
SAN JOSE, Calif. - In remand briefs filed May 12 in California federal court, Apple Inc. and Samsung Electronics Co. Ltd. argue over whether a $399 infringer's profits award related to smartphone design patents should stand or whether the U.S. Supreme Court's ruling on the "article of manufacture" theory of infringement merits a new trial to determine the portion of Samsung's profits directly attributable to the infringing components (Apple Inc. v, Samsung Electronics Co. Ltd., et al., No. 5:11-cv-01846, N.D. Calif.).



Board Improperly Invalidated Media Sharing Patents, Owner Tells Court
WASHINGTON, D.C. - In a May 26 reply brief, the owner of two patents directed to sharing digital images and video argued that efforts by Google Inc. and Samsung Electronics Inc. to "justify" an erroneous finding of invalidity by the Patent Trial and Appeal Board of two patents relating to digital media sharing are "long on rhetoric but short in support" (Summit 6 LLC v. Google Inc. et al., Nos. 17-1184, -1185, Fed. Cir.).



Appellee Tells Federal Circuit: Patents Properly Confirmed As Obvious
WASHINGTON, D.C. - Final written decisions by the Patent Trial and Appeal Board that rejected assertions by Medtronic Inc. that two patents directed to methods and systems for ameliorating aberrant spinal column deviations are unpatentable should stand, an inventor told the Federal Circuit U.S. Court of Appeals on May 16 (Medtronic Inc. v. Mark A. Barry, Nos. 17-1169, Fed. Cir.).



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.).