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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.).



Federal Circuit Sides With Licensee, Deems Velcade Patent Valid
WASHINGTON, D.C. - A Delaware federal judge's determination of invalidity with regard to various claims of a patented product for the treatment of multiple myeloma and mantle cell lymphoma was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 17 (Millennium Pharmaceuticals Inc. v. Sandoz Inc., et al., Nos. 2015-2066, 2016-1008, -1009, -1010, -1109, -1110, -1283, Fed. Cir., 2017 U.S. App. LEXIS 12702).



Texas Federal Judge: Applicability Of On-Sale Bar In Question
SHERMAN, Texas - A request by two defendants for partial summary judgment that five patents are invalid under the on-sale bar articulated in Section 102(b) of the Patent Act, 35 U.S.C. 102(b), was denied July 24 by a Texas federal judge (Tech Pharmacy Services LLC v. Alixa Rx LLC, et al., No. 15-766, E.D. Texas, 2017 U.S. Dist. LEXIS 114726).



Federal Circuit Affirms Obviousness Finding By Patent Board
WASHINGTON, D.C. - A patent owner on July 25 failed to persuade the Federal Circuit U.S. Court of Appeals to overturn a determination of obviousness by the Patent Trial and Appeal Board (Spherix Inc. v. U.S. Patent and Trademark Office, No. 16-1790, Fed. Cir., 2017 U.S. App. LEXIS 13357).



Appeals Court: Federal Judge Construed Patent Claims Erroneously
WASHINGTON, D.C. - A jury verdict of patent infringement was reversed and remanded by a divided Federal Circuit U.S. Court of Appeals on July 19 after the majority found that a Texas federal judge erroneously construed the disputed claim terms "replacement telephone number," "modify caller identification data of the call originator" and "outbound call" according to their plain and ordinary meaning (NobelBiz Inc. v. Global Connect, L.L.C., et al., Nos. 16-1104, -1105, Fed. Cir., 2017 U.S. App. LEXIS 12946).



Federal Circuit Vacates Claim Construction By Patent Board
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that various claims of two patents covering a computer memory module are unpatentable were vacated and remanded July 25 by the Federal Circuit U.S. Court of Appeals (Netlist Inc. v. Diablo Technologies Inc., Nos. 16-1742, -1743, -1744 Fed. Cir., 2017 U.S. App. LEXIS 13355).



Federal Circuit Upholds Rejection Of Patent Infringement Claims
WASHINGTON, D.C. - A Connecticut federal judge did not err in finding that no reasonable juror could find that accused products using direct DNA and RNA detection infringe a patent covering indirect DNA and RNA detection, even under the doctrine of equivalents, the Federal Circuit U.S. Court of Appeals ruled Aug. 2 (Enzo Biochem Inc., et al. v. Applera Corp., et al., No. 16-1881, Fed. Cir., 2017 U.S. App. LEXIS 14125).



Washington Federal Judge Stands By Denial Of Motion To Dismiss Patent Claims
SEATTLE - A request by a patent infringement defendant for reconsideration of a June ruling that denied dismissal of the dispute was denied July 20 by a Washington federal judge (Westech Aerosol Corporation v. ITW Polymers Sealants North America Inc., No. 17-5068, W.D. Wash., 2017 U.S. Dist. LEXIS 113323).



Judge Partially Dismisses Claims Against Google In Trade Secrets Suit
SAN JOSE, Calif. - A federal judge in California on July 14 granted in part and denied in part Google's motion to dismiss state and federal misappropriation of trade secrets claims from a lawsuit, ruling that a wireless services and solutions firm has failed to show how Google's actions violated the terms of a nondisclosure agreement (Space Data Corp. v. Alphabet Inc., et al., No. 5:16-cv-03260, N.D. Calif., 2017 U.S. Dist. LEXIS 109842).



Arizona Federal Judge Transfers Patent Dispute To North Carolina Court
PHOENIX - Citing the U.S. Supreme Court's recent ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), an Arizona federal judge on July 24 agreed with a patent infringement defendant that the case should proceed in North Carolina (OptoLum Inc. v. Cree Inc., No. 16-3828, D. Ariz., 2017 U.S. Dist. LEXIS 114717).



Federal Circuit Says Evidence Lacking That SanDisk Intended To Deceive
WASHINGTON, D.C. - A California federal judge properly granted SanDisk LLC summary judgment on allegations that SanDisk intended to deceive the U.S. Patent and Trademark Office when procuring two patents relating to flash memory, the Federal Circuit U.S. Court of Appeals ruled July 27 (Alfred T. Giuliano, et al. v. SanDisk LLC, No. 16-2166, Fed. Cir., 2017 U.S. App. LEXIS 13577).



California Federal Judge Dismisses Antitrust Claims, But Patent Claims Survive
SAN FRANCISCO - Although a defendant won dismissal of allegations that he violated the Sherman Act, 15 U.S.C. 2, a plaintiff's request for a declaration of inequitable conduct before the U.S. Patent and Trademark Office (PTO) will proceed, a California federal judge ruled Aug. 2 (Ojmar US LLC v. Security People Inc., et al., No. 16-4948, N.D. Calif., 2017 U.S. Dist. LEXIS 121825).



FitBit Prevails Before Patent Board Following Inter Partes Review
ALEXANDRIA, Va. - The three remaining claims of a patent covering a system for monitoring health, wellness and fitness were deemed unpatentable pursuant to Sections 102 of the Patent Act, 35 U.S.C. 102, on July 19 by the Patent Trial and Appeal Board (FitBit Inc. v. BodyMedia Inc., No. IPR2016-00545, PTAB).



Microsoft Seeks Inter Partes Review Of Image Optimization Patent
ALEXANDRIA, Va. - A patent directed to methods and systems for receiving and responding to a request for image data would have been obvious to a person of skill in the art, Microsoft Corp. contends in a July 20 petition for inter partes review by the Patent Trial and Appeal Board (Microsoft Corp. v. Bradium Technologies LLC, No. IPR2017-01818, PTAB).



Semiconductor Patent Targeted In New Petition For Inter Partes Review
ALEXANDRIA, Va. - In a July 26 petition for inter partes review filed with the Patent Trial and Appeal Board, a semiconductor maker argued that a purported improvement to semiconductor interconnect structures was anticipated by or rendered obvious by prior art (Taiwan Semiconductor Manufacturing Co. Ltd. v. Godo Kaisha IP Bridge 1, No. IPR2017-01862, PTAB).



Patent Board Grants Rehearing, Won't Sustain Rejection
ALEXANDRIA, Va. - An inventor correctly argued that an April 2017 ruling by the Patent Trial and Appeal Board erroneously relied upon a patent examiner's alternative finding that claim 3 of a hoof boot patent should be rejected as anticipated because the alternative finding is inconsistent with the same ruling as it relates to claim 1, from which claim 3 depends, the Patent Trial and Appeal Board ruled July 27 (Ex parte Kirt Lander, No. 2015-004008, PTAB).



PTAB Rejects Patent Challenge, Deems HIV Prodrug Patentable
ALEXANDRIA, Va. - An inter partes review of the patented HIV-inhibiting prodrug Lexiva ended in a July 28 ruling by the Patent Trial and Appeal Board confirming the patentability of five disputed claims, effectively blocking generic entry to the market for the full length of owner Vertex Pharmaceuticals Inc.'s patent term (Lupin Ltd. v. Vertex Pharmaceuticals Incorporated, No. IPR2016-00558, PTAB).



Insurer Has Duty To Defend Claims Arising From Patent Dispute, Panel Says, Reverses
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 reversed and remanded a lower court's ruling that an insurer has no duty to defend a road repair corporation insured against false representation, monopolization and unfair and deceptive trade practices counterclaims in an infringement dispute over a patent that protected a particular pavement-lifting process (Uretek Inc. v. Continental Casualty Co., No. 15-20104, 5th Cir., 2017 U.S. App. LEXIS 13707).



Patent Owner Tells Federal Circuit Estoppel Defense Erroneously Applied
WASHINGTON, D.C. - An Arkansas federal judge's grant of summary judgment in favor of a patent infringement defendant should be reversed because the defendant "fails to show a lack of genuine issues of material fact on even one of the elements of equitable estoppel," a patent owner told the Federal Circuit U.S. Court of Appeals in a July 26 reply brief (John Bean Technologies Corp. v. Morris & Associates Inc., No. 17-1502, Fed. Cir.).



Patent Owner Disputes Obviousness Holding In Appeal To Federal Circuit
WASHINGTON, D.C. - The Patent Trial and Appeal Board erroneously deemed a data interface circuit patent obvious based upon a motivation to combine prior art references, the patent owner told the Federal Circuit U.S. Court of Appeals in a June 15 brief (Imperium IP Holdings v. Samsung Electronics Co. Ltd., et al., No. 17-1571, Fed. Cir.).



Patent Defendant Tells Federal Circuit Claim Construction Too Broad
WASHINGTON, D.C. - A New York federal judge deciding the question of whether a coaxial cable connector patent was infringed "added language" to disputed claims "that substantially broadened" their scope, "such that they encompass prior art disparaged in" the patent's specification, Corning Optical Communications RF LLC tells the Federal Circuit U.S. Court of Appeals in a May 30 brief (Corning Optical Communications RF LLC v. PPC Broadband Inc., No. 17-1347, Fed. Cir.).



Outcome Of Post-Grant Review Debated In Appeal To Federal Circuit
WASHINGTON, D.C. - A November 2016 final written decision by the Patent Trial and Appeal Board that upheld the patentability of 13 claims of a patented method of administering ophthalmic solution was erroneous because the board relied on an "overly-formalistic reading of its procedural rules," an appellant told the Federal Circuit U.S. Court of Appeals on June 8 (Altaire Pharmaceuticals Inc. v. Paragon BioTek Inc., No. 17-1487, Fed. Cir.).



Federal Circuit Vacates Written Description Findings By Patent Board
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board in an interference proceeding that various claims of patents owned by the board of trustees of the Leland Stanford Junior University are unpatentable for lack of written descriptive support were erroneous, the Federal Circuit U.S. Court of Appeals ruled June 27 (Board of Trustees of the Leland Stanford Junior University v. Chinese University of Hong Kong, No. 15-2011, Fed. Cir., 2017 U.S. App. LEXIS 11382).



Federal Circuit Reverses Denial Of Fee Award In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a prevailing patent infringement defendant an award of attorney fees was reversed July 5 by the Federal Circuit U.S. Court of Appeals (AdjustaCam LLC v. Newegg Inc., et al., No. 16-1882, Fed. Cir., 2017 U.S. App. LEXIS 11922).



Federal Circuit Affirms Denial Of Fees, Reverses Dismissal With Prejudice
WASHINGTON, D.C. - Although a Texas federal judge did not err in denying a request for attorney fees by myriad defendants in a patent action, his decision to dismiss an invalidity counterclaim with prejudice was reversed July 5 by the Federal Circuit U.S. Court of Appeals (Parallel Networks LLC v. Kayak Software Corporation, et al., Nos. 15-1681, 16-1944, Fed. Cir., 2017 U.S. App. LEXIS 11921).



New York Federal Judge Won't Reconsider Fee Award In Patent Case
NEW YORK - A December 2016 ruling that a patent plaintiff and its attorneys pursued their case in bad faith will not be revisited, a New York federal judge ruled July 6 (AlphaCap Ventures LLC v. Gust Inc., No. 15-6192, S.D. N.Y., 2017 U.S. Dist. LEXIS 104411).



Timing Of Email Dooms Sanctions Request In Design Patent Case
BOSTON - Allegations of design patent infringement were withdrawn within the 21-day safe harbor period proscribed by Federal Rule of Civil Procedure 11, a Massachusetts federal judge ruled July 6 in denying a request for sanctions (Caffeinate Labs Inc. v. Vante Inc., et al., No. 16-12480, D. Mass, 2017 U.S. Dist. LEXIS 104265).



Blood Pressure Medicine Insurance Action Remanded After Patent Claims Dismissed
CHICAGO - Dismissal of a couple's antitrust and patent claims against a name-brand blood pressure medicine manufacturer for lack of standing leaves only state-based claims against an insurer for failing to cover the drug, a federal judge in Illinois held July 5 in remanding the action (Tarek Farag and Soona Farag v. Health Care Service Corp., d/b/a Blue Cross Blue Shield of Illinois and Novartis Pharmaceuticals Corp., No. 17-2547, N.D. Ill., 2017 U.S. Dist. LEXIS 103302).



Delaware Federal Judge Won't Dismiss Patent Claim On Section 101 Grounds
WILMINGTON, Del. - An effort by a defendant to obtain dismissal of allegations that it infringed a patented invention that - among other things - would purportedly replace human meter readers was unsuccessful July 11, when a Delaware federal judge ruled that the case should proceed (Smart Meter Technologies Inc. v. Duke Energy Corporation, No. 16-208, D. Del., 2017 U.S. Dist. LEXIS 106493).



Federal Circuit Partly Affirms, Partly Vacates In Appeal Of Patent Board Ruling
WASHINGTON, D.C. - Google Inc. prevailed outright in its cross-appeal of an adverse determination of patentability by the Patent Trial and Appeal Board, when the Federal Circuit U.S. Court of Appeals on July 10 ruled that 11 claims of a touch-screen, image-generating patent were erroneously deemed not anticipated or obvious (Google Inc. v. Intellectual Ventures II LLC, Nos. 16-1543, -1545, Fed. Cir., 2017 U.S. App. LEXIS 12234).



Federal Circuit Vacates Denial Of Injunction In Patent Dispute
WASHINGTON, D.C. - A Texas federal judge's decision to deny a patent plaintiff permanent injunctive relief, following a jury verdict of infringement, was vacated by the Federal Circuit U.S. Court of Appeals on July 11 (Genband US LLC v. Metaswitch Networks Corp., et al., No. 17-1148, Fed. Cir., 2017 U.S. App. LEXIS 12233).



House Subcommittee Holds Hearing On Impact Of 'Bad' Patents, Trolls
WASHINGTON, D.C. - U.S. Rep. Darrel Issa, R-Calif., on July 13 deemed "reprehensible" a recent interpretation by U.S. Judge J. Rodney Gilstrap of the Eastern District of Texas of the U.S. Supreme Court's holding in TC Heartland LLC v. Kraft Foods Grp. Brands LLC during a meeting of the House Judiciary Committee Subcommittee on Courts, Intellectual Property and the Internet.



California Magistrate Judge Dismisses Trade Secret, Copyright Misuse Claims
SAN FRANCISCO - An affirmative defense of copyright misuse was stricken by a California federal judge on July 5 in a dispute over golf club and golf training aid designs (Jonathan Wang v. Golf Tailor LLC, No. 17-898, N.D. Calif., 2017 U.S. Dist. LEXIS 103654).



Collapsible Shoe Patent Would Have Been Obvious, New Petition Alleges
ALEXANDRIA, Va. - In a request for inter partes review filed June 28, a patent owned by Reebok International Ltd. that discloses a collapsible shoe was accused of unpatentability pursuant to Section 103 of the Patent Act, 35 U.S.C. 103 (Elite Performance Footwear LLC v. Reebok International Ltd., No. IPR2017-01689, PTAB).



Finjan Patent Accused Of Obviousness In New Inter Partes Review Petition
ALEXANDRIA, Va. - In a July 4 filing before the Patent Trial and Appeal Board, a petitioner claimed that a Finjan Inc. patent covering anti-virus software is obvious and anticipated under Sections 102 and 103(a) of the Patent Act, 35 U.S.C. 102, 103(a) (ESET LLC v. Finjan Inc., No. IPR2017-01738, PTAB).



Sony Digital Signal Patent Challenged In New Inter Partes Review Petition
ALEXANDRIA, Va. - A patent covering a system that supplies digital signals in a variety of formats to accommodate different types of external units, assigned by its inventors to Sony Corp., would have been obvious to a person of ordinary skill in the art, several petitioners allege in a July 11 filing with the Patent Trial and Appeal Board (ARRIS International plc, et al. v. Sony Corporation, No. IPR2017-01699, PTAB).



Text Entry Method Patent Challenged By Microsoft In New PTAB Petition
ALEXANDRIA, Va. - In a July 11 petition for inter partes review filed with the Patent Trial and Appeal Board, Microsoft Corp. and Microsoft Mobile Inc. allege that a patent that claims a method of text entry on devices such as handheld computers would have been obvious as of the patent's priority date of June 2001 (Microsoft Corporation, et al. v. Koninklijke Philips Electronics N.V., No. IPR2017-01766, PTAB).



Post-Grant Review Of Oral Lisinopril Patent Sought By Drug Maker
ALEXANDRIA, Va. - In a July 10 petition for post-grant review (PGR), a pharmaceutical company and a limited liability company that bills itself as a "partner" in inter partes review proceedings alleged that a patent covering an oral, liquid lisinopril formulation should not have been issued (KVK-Tech Inc., et al. v. Silvergate Pharmaceuticals Inc., No. PGR2017-00039, PTAB).



Claim Constructions Debated In New Patent Appeal To Federal Circuit
WASHINGTON, D.C. - In a July 6 reply brief, a patent owner disputes assertions by the U.S. Patent and Trademark Office that the patent owner's appeal of an adverse inter partes review (IPR) outcome seeks a narrower claim construction of a temperature limitation that would render various dependent claims superfluous (ZoomEssence Inc. v. Joseph Matal, Acting Director of the U.S. Patent and Trademark Office, No. 17-1581, Fed. Cir.).



Patent Owner: Apparatus Claims Erroneously Deemed Indefinite
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on July 13 heard oral arguments in a dispute in which Microsoft Corp. prevailed on allegations that two data-mining patents are indefinite (MasterMine Software Inc. v. Microsoft Corp., No. 16-2465, Fed. Cir.).



Federal Circuit Holds Oral Arguments In Apple, Rembrandt Patent Case
WASHINGTON, D.C. - A panel of Federal Circuit U.S. Judges Sharon Prost, Raymond T. Chen and Todd M. Hughes heard oral argument on July 10 in a case that asserts that a California federal judge erroneously granted defendant Apple Inc. summary judgment on allegations of patent infringement (Rembrandt Patent Innovations LLC, et al. v. Apple Inc., No. 16-2324, Fed. Cir.).



Ericsson Tells Federal Circuit Patent Board Erred In Confirming Patentability
WASHINGTON, D.C. - A patent challenger recently told the Federal Circuit U.S. Court of Appeals that the Patent Trial and Appeal Board "violated a basic tenet of patent law" in turning away allegations of obviousness presented in a petition for inter partes review (IPR) (Ericsson Inc. v. Intellectual Ventures I LLC, No. 17-1521, Fed. Cir.).