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Supreme Court Grants Certiorari In Patent Dispute Over Biologics
WASHINGTON, D.C. - In its Jan. 13 orders list, the U.S. Supreme Court announced that it will hear a closely watched dispute between two drug makers over their competing interpretations of several provisions of the Biologics Price Competition and Innovation Act (BPCIA) (Sandoz, Inc. v. Amgen, Inc., No. 15-1039, U.S. Sup.; Amgen Inc. v. Sandoz Inc., No. 15-1195, U.S. Sup.).



Supreme Court Denies Certiorari In 4 Patent Disputes
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied certiorari in four patent cases covering technologies ranging from pharmaceutical compounds to surgical staplers (Mylan Pharmaceuticals, et al. v. Acorda Therapeutics, et al., No. 16-360; Ethicon Endo-Surgery Inc. v. Covidien LP et al., No. 16-366; Lifescan Scotland Ltd. v. Pharmatech Solutions Inc., No. 16-377; Merck & Cie et al. v. Watson Laboratories, No. 16-493, U.S. Sup.).



Federal Circuit Affirms: Cancer Treatment Method Would Infringe
WASHINGTON, D.C. - An Indiana federal judge properly found that under Akamai Technologies Inc. v. Limelight Networks Inc. (797 F.3d 1020, 1022 [Fed. Cir. 2015]) (Akamai V), a proposed generic chemotherapy drug would indirectly infringe "methods of treatment" claimed by an Eli Lilly & Co. patent, the Federal Circuit U.S. Court of Appeals ruled Jan. 12 (Eli Lilly & Co. v. Teva Parental Medicines Inc., et al., No. 15-2067, Fed. Cir.; 2017 U.S. App. LEXIS 555).



Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit
WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson Inc., No. 15-1766, -1794, Fed. Cir.; 2017 U.S. App. LEXIS 769).



Delaware Federal Judge: Bloomberg Entitled To Prevail In Patent Case
WILMINGTON, Del. - Allegations that Bloomberg L.P. and Bloomberg Finance L.P. (Bloomberg, collectively) infringed a patented method for providing subscribers with real-time financial market information were rejected Jan. 19 by a Delaware federal judge in response to a defense motion for summary judgment (Quest Licensing Corporation v. Bloomberg L.P. and Bloomberg Finance L.P., No. 14-561, D. Del.; 2017 U.S. Dist. LEXIS 7200).



Federal Magistrate Judge Largely Rules Against Google In Chrome Patent Case
MARSHALL, Texas - Efforts by patent infringement defendant Google Inc. to bar an expert witness from calculating reasonable royalty damages based upon the number of users who access Google Chrome in a seven-day period were unsuccessful on Jan. 9, when a Texas federal magistrate judge found that the methodology "appears sound" (Alfonso Cioffi, et al. v. Google Inc., No. 13-103, E.D. Texas; 2017 U.S. Dist. LEXIS 2614).



Federal Circuit Upholds Stipulations Of Patent Invalidity, Noninfringement
WASHINGTON, D.C. - A Delaware federal judge did not err in construing "seal," "prevent" and other phrases of four patents relating to vehicular tilt control apparatuses, the Federal Circuit U.S. Court of Appeals ruled Jan. 9 (Cloud Farm Associates LP v. Volkswagen Group of America and ZF Sachs AG, No. 16-1448, Fed. Cir.; 2017 U.S. App. LEXIS 325).



Federal Circuit Says Patent Challenger Lacks Standing To Appeal
WASHINGTON, D.C. - An appellant seeking to challenge a final written decision by the Patent Trial and Appeal Board that confirmed the validity of a conjugated antibody patent was turned away on Jan. 9 by the Federal Circuit U.S. Court of Appeals (Phigenix Inc. v. ImmunoGen Inc., No. 16-1544, Fed. Cir.; 2017 U.S. App. LEXIS 323).



Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).



NFL Enterprises Accused Of Infringing Patents In New Texas Federal Lawsuit
MARSHALL, Texas - Seven patents were asserted against NFL Enterprises LLC (NFLE) on Jan. 11 in a complaint filed in the U.S. District Court for the Eastern District of Texas (Open TV Inc. v. NFL Enterprises LLC, No. 17-31, E.D. Texas).



Patent Board Denies Intel Request For Inter Partes Review
ALEXANDRIA, Va. - A petition for inter partes review (IPR) of a patented method for reducing power consumption in integrated circuits was denied Jan. 10 by the Patent Trial and Appeal Board (Intel Corp. v. Future Link Systems LLC, No. IPR2016-01400, PTAB).



Patent Board Grants Mylan Request For Review Of Cancer Treatment Patent
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Jan. 10 granted a petition for inter partes review (IPR) of a patented cancer treatment method but denied a petitioner's request for joinder with a similar IPR (Mylan Pharmaceuticals Inc. v. Janssen Oncology Inc., No. IPR2016-01332, PTAB).



Patent Board Rejects Volkswagen Challenge To Audio Integration Patent
ALEXANDRIA, Va. - Allegations by Volkswagen of America Inc. that a patented audio device integration system would have been obvious to one of ordinary skill in the art were rejected Jan. 13 by the Patent Trial and Appeal Board (Volkswagen of America Inc. v. Blitzsafe Texas LLC, No. IPR2016-01448, PTAB).



Amerigen Seeks Patent Board Review Of Shire ADHD Drug
ALEXANDRIA, Va. - A patented pharmaceutical composition containing three different beads of amphetamine salts is unpatentable pursuant to 35 U.S. Code Sections 102(b) and 103, Amerigen Pharmaceuticals Limited argues in a Jan. 13 petition for inter partes review (IPR) (Amerigen Pharmaceuticals Limited v. Shire LLC, No. IPR2017-00665, PTAB).



Inter Partes Review Request Filed By Facebook, Instagram
ALEXANDRIA, Va. - Just three months after seeking inter partes review (IPR) by the Patent Trial and Appeal Board of a media delivery patent, Facebook Inc. and Instagram LLC on Jan. 15 filed a second petition for IPR of the same patent (Facebook Inc., et al. v. Skky LLC, No. IPR2017-00688, PTAB).



Patent Owner Asks Court To Answer If Inter Partes Review Is Unconstitutional
WASHINGTON, D.C. - The U.S. Supreme Court has been asked in a Nov. 23 petition filed by a patent owner to decide whether inter partes review (IPR) violates the U.S. Constitution by "extinguishing private property rights through a non-Article III forum without a jury" (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).



Patent Owner Asks High Court To Review Federal Circuit Authority Over PTO
WASHINGTON, D.C. - A patent owner argues in its Jan. 10 reply brief in further support that the U.S. Supreme Court should determine whether the Federal Circuit U.S. Court of Appeals can "impute a patent law claim into a complaint that does not explicitly contain a claim arising under patent law in order to exert appellate jurisdiction" (Big Baboon Inc. v. Michelle K. Lee, director, U.S. Patent and Trademark Office, et al., No. 16-496, U.S. Sup.).



Apple Tells High Court Not To Remand ITunes Patent Challenge Under Cuozzo
WASHINGTON, D.C. - Apple Inc. argues in a Jan. 9 supplemental brief that the U.S. Supreme Court should not remand a case asking when a petition fails to give "sufficient notice" and what constitutes the Patent Trial and Appeal Board (PTAB) acting outside its limits to permit judicial review because there are questions left unanswered by Cuozzo Speed Technologies LLC v. Lee (136 S. Ct. 2131 [2016]) (SightSound Technologies LLC v. Apple Inc., No. 16-483, U.S. Sup.).



Patent Owner Seeks High Court Review Of Finding Under Step 2 Of Alice
WASHINGTON, D.C. - A patent owner petitioned the U.S. Supreme Court on Jan. 5 to answer if patent claims can be invalidated under 35 U.S. Code Section 101 by finding under step two of Alice Corp. Pty. Ltd. v. CLS Bank Int'l. (134 S. Ct. 2347 [2014]) that the claims "involve the conventional implementation of an abstract concept" based upon evidence "that the ordered combinations of hardware in the claims are unconventional apparatuses with novel applications" (IPLearn-Focus LLC v. Microsoft Corp., No. 16-859, U.S. Sup.).



Federal Circuit Will Rehear Patent Dispute Between Wi-Fi One, Broadcom
WASHINGTON, D.C. - The continued viability of Achates Reference Publishing Inc. v. Apple Inc. (803 F.3d 652 [Fed. Cir. 2015]) will soon be debated in light of a Jan. 4 decision by the Federal Circuit U.S. Court of Appeals to rehear, en banc, a dispute involving a data transmission patent (Wi-Fi One LLC v. Broadcom Corp., Nos. 15-1944, -1945, -1946, Fed. Cir.).



Chief Justice Issues Post-Argument Recusal In Patent Case
WASHINGTON, D.C. - In a letter sent to counsel on Jan. 4, Chief Justice G. John Roberts Jr. revealed that despite his December participation in oral arguments, he will take no part in the U.S. Supreme Court's upcoming decision in the patent dispute between Life Technologies Corp. and Promega Corp. (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).



Federal Circuit: Board Erred In Rejecting Credit Card Security Patents
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that rendered two patents relating to credit card transaction security invalid under 35 U.S. Code Sections 102 and 103 was vacated and remanded Dec. 22 by the Federal Circuit U.S. Court of Appeals (John D'Agostino v. Mastercard International Inc., Nos. 2016-1592, -1593, Fed. Cir.; 2016 U.S. App. LEXIS 23025).



Federal Circuit Upholds Rejection, Says Stent Patent Is Obvious
WASHINGTON, D.C. - Finding no error in a ruling by the Patent Trial and Appeal Board that invalidated, on obviousness grounds, 22 claims of a patented method of maintaining drugs delivered via a drug-eluting stent, a divided Federal Circuit U.S. Court of Appeals on Jan. 3 affirmed (In re: Ethicon Inc., No. 15-1696, Fed. Cir.; 2017 U.S. App. LEXIS 4).



Federal Circuit: Inherent Anticipation Ruling In Patent Case Was Erroneous
WASHINGTON, D.C. - A Wisconsin federal judge's finding that two patents were inherently anticipated by prior art was vacated Dec. 15 by the Federal Circuit U.S. Court of Appeals on the basis that genuine disputes of material fact should have precluded summary judgment (U.S. Water Services Inc., et al. v. Novozymes A/S, et al., Nos. 15-1950, -1967, Fed. Cir.; 2016 U.S. App. LEXIS 22244).



Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case
WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).



Delaware Federal Judge: Harm Not Irreparable In Pharmaceutical Patent Case
WILMINGTON, Del. - A request by Bayer Pharma AG, Bayer Intellectual Property GmbH and Bayer HealthCare Pharmaceuticals Inc. (Bayer, collectively) for a preliminary injunction barring a competitor from selling a generic oral contraceptive was denied Dec. 28 by a Delaware federal judge, despite a July final judgment that the generic drug would infringe (Bayer Pharma AG, et al. v. Watson Laboratories Inc., No. 12-1726, D. Del.; 2016 U.S. Dist. LEXIS 179103).



Patent Injunction, Default Judgment Upheld By Federal Circuit
WASHINGTON, D.C. - A permanent injunction barring an infringement and unfair competition defendant from using a washer mold as well as various images of a plaintiff's patented products was not overly broad, the Federal Circuit U.S. Court of Appeals concluded Dec. 15 (United Construction Products Inc. v. Tile Tech Inc., No. 16-1392, Fed. Cir.; 2016 U.S. App. LEXIS 22248).



California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims
SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).



Nokia, Apple To Square Off In New Texas Federal Patent Litigation
MARSHALL, Texas - In a Dec. 21 complaint, Nokia Technologies Oy and Alcatel-Lucent USA Inc. (Nokia, collectively) accuse Apple Inc. of infringing eight patents relating to the International Telecommunication Union's (ITU) H.264 Advanced Video Coding standard, following two years of failed negotiations between the parties (Nokia Technologies Oy and Alcatel-Lucent USA Inc. v. Apple Inc., No. 16-1440, E.D. Texas).



Patent Board Grants Review In New Limelight, Akamai Dispute
ALEXANDRIA, Va. - In a ruling issued Dec. 30, the Patent Trial and Appeal Board announced it will review the patentability of nine claims of a patented method for delivering digital content (Limelight Networks Inc. v. Akamai Technologies Inc., No. IPR2016-01631, PTAB).



Patent Board Reverses Rejection, Prior Art Relied On By Examiner
ALEXANDRIA, Va. - Findings by a patent examiner that a claimed method of operating a steam generator would have been obvious to one of ordinary skill in the art were reversed Dec. 21 by the Patent Trial and Appeal Board (Ex parte John H. Chiu and George D. Mylchreest, No. 2015-002233, PTAB).



Patent Board Affirms Examiner: Nokia Patent Would Have Been Obvious
ALEXANDRIA, Va. - A patented invention covering a signal-generating device would have been obvious to a person of ordinary skill in the art, the Patent Trial and Appeal Board ruled Dec. 27 (Ex parte Niels Nymark and Thomas Bove, No. 2016-001564, PTAB).



Microsoft Petition For Inter Partes Review Of Coding Patent Granted
ALEXANDRIA, Va. - A patented method and apparatus for entropy coding and the application of error-resilient coding to image compression likely contain claims that do not pass muster under 35 U.S. Code Section 103, the Patent Trial and Appeal Board ruled Dec. 16 (Microsoft Corp. v. FastVDO LLC, No. IPR2016-01179, PTAB).



Patent Board Consolidates Apple, Samsung Petitions For Inter Partes Review
ALEXANDRIA, Va. - Efforts by Samsung Electronics Co. Ltd. to invalidate a wireless communications patent raise identical issues to those raised by Apple Inc. and Microsoft Corp. in a joint June 2016 petition for inter partes review (IPR), the Patent Trial and Appeal Board ruled Dec. 21 (Samsung Electronics Co. Ltd. v. Evolved Wireless LLC, No. IPR2016-01310, PTAB).



Nonprofit Asks High Court To Review Restriction Of 'Common Sense' Presumption
WASHINGTON, D.C. - A nonprofit association for generic drug product manufacturers and distributors argues in a Dec. 9 brief that the U.S. Supreme Court should review whether the Federal Circuit U.S. Court of Appeals erred in light of KSR International Co. v. Teleflex Inc. (550 U.S. 398, 415 [2007]) in restricting the Patent Trial and Appeal Board's ability to rely on the common sense and common knowledge of skilled artisans to establish the obviousness of patent claims (Google Inc. and Motorola Mobility LLC v. Arendi S.A.R.L., et al., No. 16-626, U.S. Sup.).



Tech Company Tells High Court To Review ITunes Patent Challenge Under Cuozzo
WASHINGTON, D.C. - A tech company argues in a Dec. 28 reply brief that the U.S. Supreme Court should decide when a petition fails to give "sufficient notice" and what constitutes the Patent Trial and Appeal Board (PTAB) acting outside its limits to permit judicial review because there are questions left unanswered by Cuozzo Speed Technologies LLC v. Lee (136 S. Ct. 2131 [2016]) (SightSound Technologies LLC v. Apple Inc., No. 16-483, U.S. Sup.).



Johnson & Johnson Unit Says High Court Should Review Expert Misconduct In Patent Dispute
WASHINGTON, D.C. - Johnson & Johnson Vision Care Inc. (JJVC) argues in a Dec. 27 reply brief that the U.S. Supreme Court should consider whether the Federal Circuit U.S. Court of Appeals erred in granting Rembrandt Vision Technologies LP a new trial based on an expert's false testimony over alleged infringement of its contact lens patent (Johnson & Johnson Vision Care Inc. v. Rembrandt Vision Technologies LP, No. 16-489, U.S. Sup.).



Patent Owner Says Supreme Court Must Review Institution Of IPR In Patent Suit
WASHINGTON, D.C. - A patent owner argues in a Dec. 21 reply brief that the U.S. Supreme Court should review 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.).



U.S. Supreme Court: Article Of Manufacture May Be Single Component Of Product
WASHINGTON, D.C. - A May 2015 ruling by the Federal Circuit U.S. Court of Appeals that jurors deciding damages in design patent infringement cases need not disregard unprotected elements when arriving at a total damage award was reversed and remanded Dec. 6 by the U.S. Supreme Court, in a win for Samsung Electronics Co. (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).



U.S. Supreme Court Hears Patent Dispute Over Multicomponent Inventions
WASHINGTON, D.C. - A jury award of $52 million in lost profits was premised on an erroneous instruction that worldwide sales can be considered even when the product in question only contains a single "staple article" manufactured domestically, an attorney for patent infringement defendant Life Technologies Corp. told the U.S. Supreme Court on Dec. 6 (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).



Supreme Court To Hear Case On Patent Infringement Action Venue Statutes
WASHINGTON, D.C. - In a Dec. 14 order list, the U.S. Supreme Court granted certiorari to a patent infringement defendant to decide the standard for determining the proper venue for such infringement suits to be brought against a corporate entity (TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Foods Group Brands LLC, No. 16-341, U.S. Sup.).



Supreme Court Vacates Patent Judgment, Cites Samsung Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 remanded a dispute over the patented ornamental design of a lip and hinge plate for a dock leveler to the Federal Circuit U.S. Court of Appeals, in light of the Supreme Court's Dec. 6 ruling in Samsung Electronics Co. Ltd., et al. v. Apple Inc. (No. 15-777, U.S. Sup.) (Systems, Inc. v. Nordock, Inc., No. 15-978, U.S. Sup.).



California Federal Jury: Apple Infringed Valid Patents, Owes $7.3 Million
SAN FRANCISCO - A jury empaneled before U.S. Magistrate Judge Nathaniel M. Cousins of the Northern District of California sided squarely against Apple Inc. on Dec. 15, deeming the tech giant an infringer of two valid patents and awarding Core Wireless Licensing S.a.r.L. $7.3 million in reasonable royalty damages following a six-day trial (Core Wireless Licensing S.a.r.L. v. Apple Inc., No. 15-5008, N.D. Calif.).



Cisco's Ethernet Copyright, Patent Claims Defeated In California Federal Verdict
SAN JOSE, Calif. - Claims of copyright and patent infringement brought by Cisco Systems Inc. against a competitor in the Ethernet switch market were rejected in a California federal jury's verdict Dec. 14, with the jury deeming the material not copyright protectable as scenes a faire and finding that Cisco failed to establish any infringement of its asserted command interface patent (Cisco Systems Inc. v. Arista Networks Inc., No. 14-5344, N.D. Calif.).



Federal Circuit Partly Affirms, Vacates In Dispute Over Patented Power Chips
WASHINGTON, D.C. - Citing a Delaware federal judge's incorrect instruction to jurors regarding the law on inducement, the Federal Circuit U.S. Court of Appeals on Dec. 12 vacated a verdict of infringement of two patents (Power Integrations Inc. v. Fairchild Semiconductor International Inc., et al., Nos. 15-1329, -1388, Fed. Cir.; 2016 U.S. App. LEXIS 21975).



Florida Federal Judge Stands By Ruling: Damages Not Justified On Patent Claim
JACKSONVILLE, Fla. - A motion under Federal Rules of Civil Procedure 52(b) and 59 to alter a March 2016 ruling that awarded a breach of contract plaintiff zero damages was denied Dec. 8 by a Florida federal judge (Hollister Inc. v. Zassi Holdings Inc., No. 13-132, M.D. Fla.; 2016 U.S. Dist. LEXIS 169548).



Federal Circuit Affirms: Patent Case Barred By Sovereign Immunity
WASHINGTON, D.C. - An inventor's efforts to sue the California Franchise Tax Board (FTB) and several FTB employees for patent infringement was properly rejected by a California federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6), the Federal Circuit U.S. Court of Appeals concluded Dec. 9 (Leslie Ann Peralta v. California Franchise Tax Board, et al., No. 16-1820, Fed. Cir.; 2016 U.S. App. LEXIS 21897).



Federal Circuit Upholds Rulings By Patent Board In Favor Of Apple
WASHINGTON, D.C. - In a trio of decisions released Dec. 9, the Federal Circuit U.S. Court of Appeals agreed with the Patent Trial and Appeal Board (PTAB) that various claims of four patents directed to establishing secure communications between multiple network devices for video and audio data transmission are unpatentable (VirnetX Inc. v. Apple Inc., Nos. 15-1934, -1935, Fed. Cir.).



Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent
WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art references to obtain the invention taught by NuVasive Inc.'s patented system and method, the Federal Circuit U.S. Court of Appeals ruled Dec. 7 (In re: NuVasive Inc., No. 15-1670, Fed. Cir.; 2016 U.S. App. LEXIS 21748).



Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner
KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).



Michigan Federal Judge Finds Jurisdiction Lacking In Lanham Act, Patent Case
DETROIT - A declaratory judgment patent action, later amended to include a claim of false advertising under the Lanham Act, was dismissed Dec. 8 by a Michigan federal judge on grounds of lacking personal jurisdiction (Precision Extraction Corp. v. Udoxi Scientific LLC, No. 16-11972, E.D. Mich.; 2016 U.S. Dist. LEXIS 169981).



Biomedical Company Adds Federal Trade Secrets Claim To Novus Action
ANDERSON, S.C. - A South Carolina biomedical company on Nov. 29 added a Defend Trade Secrets Act (DTSA) violation claim against Novus Scientific companies to a federal court complaint alleging that Novus breached an agreement by making surgical mesh for purposes other than hernia repair and by not filing patent applications under the biomedical company's name (Poly-Med Inc. v. Novus Scientific Pte. Ltd., et al., No. 8:15-cv-01964-JMC, D. S.C.).



Patent Board: Apple Entitled To Review Of Compression Patent
ALEXANDRIA, Va. - Assertions by Apple Inc. that a device compression patent that has been frequently asserted in various federal lawsuits is invalid pursuant to 35 U.S. Code Section 103(a) were well received by the Patent Trial and Appeal Board, which instituted inter partes review (IPR) on Dec. 6 (Apple Inc. v. Parthenon United Memory Architecture LLC, No. IPR2016-01135, PTAB).



Patent Covering Rapid- Dissolve Films Won't Be Reviewed By Patent Board
ALEXANDRIA, Va. - Finding no likelihood that Dr. Reddy's Laboratories Inc. will prevail in showing that at least one claim of a patented rapid-dissolve film for orally administered active ingredients is invalid, the Patent Trial and Appeal Board on Dec. 5 denied inter partes review (IPR) (Dr. Reddy's Laboratories Inc. v. Monosol RX LLC, No. IPR2016-0111, PTAB).



Patent Board: Section 102(d) No Grounds For Instituting Inter Partes Review
ALEXANDRIA, Va. - A patent covering an apparatus for packing disposable objects, such as diapers, into a flexible tube will not be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Dec. 12 (Munchkin Inc. v. International Refills Company Ltd., No. IPR2016-01154, PTAB).



Patent Board Grants Inter Partes Review Of LEGO Patent
ALEXANDRIA, Va. - Citing three pieces of prior art, Patent Trial and Appeal Board on Dec. 16 agreed to review the patentability of a manual controller for manipulating images or symbols on a visual display (Rubicon Communications LP v. LEGO A/S, No. IPR2016-01187, PTAB).



Patent Board Confirms Rejection Of Computer Method Patent Claims
ALEXANDRIA, Va. - A patent examiner did not err in deeming various claims of a patented method of generating a document guidance file unpatentable under 35 U.S. Code Section 103(a), the Patent Trial and Appeal Board ruled Dec. 15 (Ex parte Anil Kumar Padala, et al., No. 2016-000911, PTAB).



Health Care Company Opposes High Court Decision On Institution Of IPR In Patent Suit
WASHINGTON, D.C. - A global health care products company and the U.S. Patent and Trademark Office (PTO) director filed opposition briefs on Dec. 7 arguing against the U.S. Supreme Court granting review on whether the Leahy-Smith America Invents Act (AIA) permits the Patent Trial and Appeal Board (PTAB) instead of the 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.).



Engineering Company Asks High Court To Decide Claim Construction Role In Patent Suit
WASHINGTON, D.C. - An engineering company in a Nov. 23 petition asks the U.S. Supreme Court if an appellate court and district court erred in arbitrarily defining a factually disputed technical term of art without performing claim construction to find noninfringement of a patent (David Netzer Consulting Engineer LLC v. Shell Oil Co., et al., No. 16-713, U.S. Sup.).



Mylan Argues For High Court Review On If ANDA Subjects Filers To Personal Jurisdiction
WASHINGTON, D.C. - Mylan Pharmaceuticals Inc. and Mylan Inc. (collectively, Mylan) argue in a Dec. 7 reply brief that drug companies failed to show why the U.S. Supreme Court should not answer whether the filing of an abbreviated new drug application (ANDA) is sufficient to subject Mylan to specific personal jurisdiction in any state where they might market the drug (Mylan Pharmaceuticals Inc., et al. v. Acorda Therapeutics Inc., et al. & Mylan Pharmaceuticals Inc. v. AstraZeneca AB, No. 16-360, U.S. Sup.).



PTO: High Court Should Stay Petition On Institution Of Inter Partes Review
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) argues in a Dec. 7 opposition brief that the U.S. Supreme Court should stay a petition in favor of Ethicon Endo-Surgery, Inc. v. Covidien LP (No. 16-366, U.S. Sup.) on issues concerning whether the Leahy-Smith America Invents Act (AIA) permits the Patent Trial and Appeal Board (PTAB) instead of the PTO's director 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.).



Google: Patent Community Is Waiting On Ruling Over Use Of Prosecution History
WASHINGTON, D.C. - In an infringement lawsuit over patents for computer malware protection software, Google Inc. says in a Nov. 30 reply brief that "the patent community is watching this one" with regard to whether the U.S. Supreme Court will consider how the Federal Circuit U.S. Court of Appeals should use prosecution history to settle claim construction disputes (Google Inc. v. Alfonso Cioffi and The Estate of Allen Frank Rozman, No. 16-200, U.S. Sup.).



Patent Owner Argues For Supreme Court Review On Grounds Of JMOL Entry
WASHINGTON, D.C. - An owner of patents relating to two-way communications argues in a Dec. 6 reply brief in further support of its petition for the U.S. Supreme Court to answer whether the Federal Circuit U.S. Court of Appeals erred in ordering entry of judgment as a matter of law (JMOL) on a ground not presented in a Federal Rule of Civil Procedure 50(b) motion (Eon Corp. IP Holdings LLC v. Silver Spring Networks Inc., No. 16-551, U.S. Sup.).