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LexisNexis® Mealey's™ Patents Legal News



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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).



Microsoft's Petition For Inter Partes Review Granted By Patent Board
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on Sept. 14 revealed that it will review a patent covering teleconference technology, at the request of Microsoft Corp. (Microsoft Corp. v. Keith A. Raniere, No. IPR2016-00663, 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.).



Judge Partially Bars Expert's Testimony On Damages In Patent Infringement Lawsuit
SAN FRANCISCO - In a patent infringement lawsuit concerning computer security technology, a damages expert's apportionment methodology is unreliable as it improperly inflates the apportionment base, a California federal judge ruled Aug. 15, partially excluding the testimony (Finjan Inc. v. Sophos Inc., No. 14-01197, N.D. Calif.; 2016 U.S. Dist. LEXIS 107831).



Patent Board's Rejection Of Obviousness Challenge Affirmed By Federal Circuit
WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that 23 claims of a patented composition for tigecycline and an acid or buffer are not obvious were not erroneous, the Federal Circuit U.S. Court of Appeals concluded Aug. 16 (Apotex Inc. v. Wyeth LLC, No. 15-1871, Fed. Cir.; 2016 U.S. App. LEXIS 14991).



Federal Circuit: 'Common Sense' Presumption By Patent Board Was Error
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that rendered obvious various claims of a computer-aided search patent was reversed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which deemed "conclusory" the board's presumption that the addition of a telephone number search feature to prior art would be "common sense" (Arendi S.A.R.L. v. Apple Inc., et al., No. 15-2073, Fed. Cir.; 2016 U.S. App. LEXIS 14652).



Federal Circuit: DuPont Printing Plate Patents Invalid, Not Infringed
WASHINGTON, D.C. - A New Jersey federal judge's decision to grant a summary judgment of patent invalidity and noninfringement was affirmed Aug. 19 by the Federal Circuit U.S. Court of Appeals, which found that patent owner E.I. du Pont de Nemours & Co. failed to establish that an accused substrate is controlled by an accused adhesive drying process (E.I. du Pont de Nemours & Co. v. MacDermid Printing Solutions LLC, No. 15-1777, Fed. Cir.; 2016 U.S. App. LEXIS 15231).



Federal Circuit Reverses Invalidation Of Collating Unit Patent
WASHINGTON, D.C. - A Kansas federal judge erred in deeming a patent covering a collating unit used during prescription dispensing invalid for lack of written description, the Federal Circuit U.S. Court of Appeals concluded Aug. 15 (ScriptProLLC and ScriptPro USA Inc. v. Innovation Associates Inc., No. 15-1565, Fed. Cir.; 2016 U.S. App. LEXIS 14919).



Federal Circuit: Fact Issues Remain In Dispute Over Patent Validity
WASHINGTON, D.C. - A Delaware federal judge's decision to invalidate a semiconductor wafer patent as anticipated was vacated and remanded Aug. 19 by the Federal Circuit U.S. Court of Appeals, which cited the existence of genuine issues of material fact that should have precluded summary judgment (Semcon Tech LLC v. Micron Technology Inc., No. 15-1936, Fed. Cir.; 2016 U.S. App. LEXIS 15233).



Federal Judge Rejects Joint-Ownership Position Advanced In Patent Case
TRENTON, N.J. - A New Jersey federal judge on Aug. 17 turned away a request for dismissal of a patent infringement lawsuit based upon a claim of joint ownership by three defendants, finding instead that the plaintiff - as an exclusive licensee - can sue a patentee or an infringer (The Medicines Company v. Eagle Pharmaceuticals, et al., No. 16-569, D. N.J.; 2016 U.S. Dist. LEXIS 108855).



California Federal Judge Awards $1.5 Million In Fees In Phase I Of Patent Case
LOS ANGELES - Following his June ruling that deemed a patent plaintiff's conduct "exceptional," a California federal judge on Aug. 31 ordered the plaintiff to pay several defendants $1.55 million in attorney fees (Kinglite Holdings Inc. v. Micro-Star International Co. Ltd., et al., No. 14-3009, C.D. Calif.).



California Federal Judge Denies Fee Request By Oracle In Patent Dispute
SAN FRANCISCO - Efforts by Oracle Corp. to recoup attorney fees it incurred defending patent infringement allegations - and to have those fees assessed against counsel for the plaintiff under the vexatious litigation statute - were unsuccessful on Aug. 22, when a California federal judge disagreed that the case qualifies as "exceptional" under 35 U.S. Code Section 285 (Thought Inc. v. Oracle Corporation, No. 12-5601, N.D. Calif.; 2016 U.S. Dist. LEXIS 111661).



Federal Judge Declares Copyrights, Trade Dress, Patents Not Infringed
FORT WORTH, Texas - A defendant has failed to show "where, how and why" a plaintiff's planned fiberglass utility body (FUB) would infringe any protectable trade dress belonging to the defendant, thereby entitling the plaintiff to a declaration of noninfringement, a Texas federal judge ruled Aug. 29 (Industrial Models Inc. v. SNF Inc., et al., No. 15-689, N.D. Texas; 2016 U.S. Dist. LEXIS 115644).



Patent Board Denies Mylan Bid For Review Of Taxoid Patent
ALEXANDRIA, Va. - Assertions that an Aventis Pharma S.A. patent is invalid as obvious under 35 U.S. Code Section 103 were rejected Aug. 23 by the Patent Trial and Appeal Board, which turned away a petition for inter partes review by Mylan Inc. (Mylan Inc. v. Aventis Pharma S.A., No. IPR2016-00627, PTAB).



Patent Board Won't Review Internet Navigation Method Patent
ALEXANDRIA, Va. - Efforts by an infringement defendant to invalidate a patented method of gathering and presenting summary information as HyperText Markup Language (HTML) were unsuccessful on Aug. 16, when the Patent Trial and Appeal Board denied a petition for covered business method (CBM) review (Plaid Technologies Inc. v. Yodlee Inc. and Yodlee.com Inc., No. CBM2016-00037, PTAB).



Sony Petitions Patent Board For Review Of Web Communication Patent
ALEXANDRIA, Va. - A patented method of communicating online with pre-stored sequences of actions or scripts is directed to nonstatutory subject matter under 35 U.S. Code Section 101, Sony Mobile Communications (USA) Inc. alleges in an Aug. 19 petition for covered business method (CBM) review with the Patent Trial and Appeal Board (Sony Mobile Communications [USA] Inc. v. Content Aggregation Solutions LLC, No. CBM2016-00098, PTAB).



Telebrands Seeks Post- Grant Review Of Container Filling Method Patent
ALEXANDRIA, Va. - A system and method of filling containers with fluid should not have received a patent because what the patent claims is indefinite under 35 U.S. Code Section 112(b) as well as a violation of the written description requirement of Section 112(a), according to an Aug. 12 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board (Telebrands Corp. v. Tinnus Inc., No. PGR2016-00031, PTAB).



Fraud Prevention Patent Targeted In New Petition For Patent Board Review
ALEXANDRIA, Va. - A claimed method of sending to a verified user a warning that a potentially fraudulent event has occurred and then requiring the user to acknowledge the event is invalid under 35 U.S. Code Section 101, according to an Aug. 24 petition for covered business method (CBM) review filed with the Patent Trial and Appeal Board (Twilio Inc. v. Telesign Corporation, No. CBM2016-00099, PTAB).



Cisco Tells High Court To Uphold Reversal Of $74M Patent Award, Not To Consider Evidence
WASHINGTON, D.C. - Cisco Systems Inc. argues in an Aug. 15 brief to the U.S. Supreme Court that it should not consider whether there was sufficient evidence and expert testimony to support a $74 million patent verdict in favor of Commil USA LLC but rather uphold a reversal of that award by the Federal Circuit U.S. Court of Appeals (Commil USA LLC v. Cisco Systems Inc., No. 15-1446, U.S. Sup.).



Patent Owner Asks High Court To Consider Mayo, Alice Test On Patent Ineligible Concept
WASHINGTON, D.C. - A patent owner asks the U.S. Supreme Court in an Aug. 8 petition for certiorari to decide if the definition of a patent-ineligible concept may include both a natural phenomenon and an inventor's ingenuity in applying that natural phenomenon to a new and useful purpose under the Mayo Collaborative Servs. v. Prometheus Labs., Inc. (132 S. Ct. 1289, 1298 [2012]) and Alice Corp. Pty. Ltd. v. CLS Bank Int'l (134 S. Ct. 2347, 2355 [2014]) framework (Genetic Technologies Ltd. v. Merial LLC and Bristol-Myers Squibb Co., No. 16-188, U.S. Sup.).



Google Asks High Court To Review Use Of Prosecution History In Patent Claim Dispute
WASHINGTON, D.C. - Google Inc., facing allegations that it infringed an inventor's patents for computer malware protection software, asked the U.S. Supreme Court in an Aug. 10 brief to resolve 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.).



DuPont Argues To High Court That No 'Rigid' Standard Was Used In Thermal Patent Case
WASHINGTON, D.C. - E.I. du Pont de Nemours & Co. argues in an Aug. 5 response brief to the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals did not use a "rigid" standard as part of a determination that its thermal plates patent is not obvious (MacDermid Printing Solutions LLC v. E.I. DuPont De Nemours & Co., No. 15-1499, U.S. Sup.).



Amphastar Argues To Supreme Court: Hatch-Waxman Patent Safe Harbor Is Too Narrow
WASHINGTON, D.C. - An appellate court's interpretation of the Hatch-Waxman safe harbor, 35 U.S. Code Section 271(e)(1), is "overly narrow" and puts generic manufacturers at risk of patent suits, Amphastar Pharmaceuticals Inc., International Medication Systems Ltd., Actavis Inc. and Actavis Pharma Inc. (Amphastar, collectively) argue in an Aug. 16 reply brief to the U.S. Supreme Court (Amphastar Pharmaceuticals, Inc., et al. v. Momenta Pharmaceuticals, Inc. and Sandoz, Inc., No. 15-1402, U.S. Sup.).



Trademark Owner Of Snap Fasteners Seeks High Court Review Of Reduced Award
WASHINGTON, D.C. - A trademark owner of magnetic snap fasteners for handbags asks the U.S. Supreme Court in an Aug. 12 petition to consider whether under Section 35 of the Lanham Act, willful infringement is a prerequisite for an award of infringer's profits that was reduced to $6.8 million (Romag Fasteners Inc. v. Fossil Inc., et al., No. 16-202, U.S. Sup.).



Federal Circuit Vacates Unenhanced Damages On Remand From Supreme Court
WASHINGTON, D.C. - In the wake of the U.S. Supreme Court's rejection in June of the two-part test for enhanced damages set forth in In re: Seagate Technology LLC (497 F. 3d 1360, 1371 [2007]), the Federal Circuit U.S. Court of Appeals on Aug. 5 vacated an award of unenhanced damages in a patent case and remanded the dispute to a Nevada federal court (Halo Electronics Inc. v. Pulse Electronics Inc., et al., Nos. 13-1472, -1656, Fed. Cir.; 2016 U.S. App. LEXIS 14366).



Federal Circuit Affirms: 2 Patents Properly Deemed Invalid As Indefinite
WASHINGTON, D.C. - Various claims of two patents deemed invalid as indefinite were properly determined by a Florida federal judge to be means-plus-function claims despite an absence of the word "means," the Federal Circuit U.S. Court of Appeals ruled July 28 (Advanced Ground Information Systems Inc. v. Life360 Inc., No. 15-1732, Fed. Cir.; 2016 U.S. App. LEXIS 13707).



Federal Circuit Issues Mixed Ruling In Patent Dispute Over Defibrillators
WASHINGTON, D.C. - A Massachusetts federal judge's decision to let stand a jury verdict that both a plaintiff and defendant were liable for infringing one another's external defibrillator patents and that all patents asserted in the litigation are not invalid was partly vacated and reversed July 28 by the Federal Circuit U.S. Court of Appeals, which found - among other things - that potentially invalidating prior art was improperly excluded (Koninklijke Philips N.V., et al. v. Zoll Medical Corporation, No. 14-1764, -1791, Fed. Cir.; 2016 U.S. App. LEXIS 13710).



Prevailing Patent Defendant Wins Partial Award Of Attorney Fees In Maryland
BALTIMORE - A plaintiff's decision to pursue patent litigation became "clearly unreasonable" once the plaintiff failed to adequately rebut or otherwise address a defendant's position that the case was barred by 28 U.S. Code Section 1498, a Maryland federal judge ruled Aug. 4 (Astornet Technologies Inc. v. BAE Systems Inc., No. 14-245, D. Md.; 2016 U.S. Dist. LEXIS 102260).



Apple's Waiver Claim Fails, But Federal Circuit Upholds Noninfringement Ruling
WASHINGTON, D.C. - A California federal judge properly construed the terms "specified connection" and "UL connections" in a dispute over wireless communication patents, according to an Aug. 1 ruling by the Federal Circuit U.S. Court of Appeals in favor of defendant Apple Inc. (Wi-LAN USA Inc., et al. v. Apple Inc., No. 15-1256, Fed. Cir.; 2016 U.S. App. LEXIS 13860).



Federal Circuit Affirms: Paging Patents Not Invalid, Not Infringed By Apple
WASHINGTON, D.C. - A California federal judge's decision that upheld a verdict of patent invalidity and noninfringement following a seven-day jury trial was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 1 (GPNE Corp. v. Apple Inc., No. 15-1825, Fed. Cir.; 2016 U.S. App. LEXIS 13862).



Minnesota Federal Judge Denies Request For Dismissal Of Patent Litigation
MINNEAPOLIS - Citing the interactive nature of a defendant's website, a Minnesota federal judge on Aug. 5 denied a motion to dismiss a patent infringement lawsuit on grounds of lacking personal jurisdiction (Imation Corporation v. Sanho Corporation Inc., No. 15-1883, D. Minn.; 2016 U.S. Dist. LEXIS 103626).



Magistrate Judge Says Patent Litigation Should Remain In Delaware
WILMINGTON, Del. - A request by a patent infringement defendant to transfer its dispute with a competitor to the U.S. District Court for the Southern District of Texas should be denied, a Delaware federal magistrate judge recommended Aug. 11 (Smith International Inc. v. Baker Hughes Inc., No. 16-56, D. Del.; 2016 U.S. Dist. LEXIS 105481).



Pennsylvania Federal Judge Says Patent Cannot Satisfy Alice Eligibility Standard
PITTSBURGH - Efforts to enforce a patent against myriad defendant insurers failed Aug. 4 when a Pennsylvania federal judge agreed with the insurer that the patent claims ineligible subject matter and "does not clear" the bar set in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. (134 S. Ct. 2347, 2355 [2014]) (Intellectual Ventures I LLC v. Erie Indemnity Company, et al., No. 14-220, W.D. Pa.; 2016 U.S. Dist. LEXIS 102289).



California Federal Judge Rejects Lanham Act Counterclaims In Patent Litigation
SAN FRANCISCO - Assertions by a patent infringement defendant that a plaintiff committed false advertising and defamation in a letter it sent to the defendant's current and prospective customers were rejected on summary judgment Aug. 8 by a California federal judge (Johnstech International Corp. v. JF Microtechnology SDN BHD, No. 14-2864, N.D. Calif.; 2016 U.S. Dist. LEXIS 104380).



Therapeutic Radiology Patent Will Be Reviewed By Patent Board
ALEXANDRIA, Va. - A February 2016 request for inter partes review was granted Aug. 4 by the Patent Trial and Appeal Board, following failure by the patent owner to respond to the petition (Elekta Inc. v. Varian Medical Systems Inc., No. IPR2016-00551, PTAB).



Patent Board Turns Away Fitbit Petition For Inter Partes Review
ALEXANDRIA, Va. - Allegations of invalidity by FitBit Inc. with regard to a patented system for collecting health, wellness and fitness data with a sensor device were rejected Aug. 4 by the Patent Trial and Appeal Board (FitBit Inc. v. BodyMedia Inc., IPR IPR2016-00543, PTAB).



R.J. Reynolds Seeks Inter Partes Review Of Electronic Cigarette Patent
ALEXANDRIA, Va. - A patented electronic cigarette is not entitled to the filing date of a parent patent pursuant to rulings by the Federal Circuit U.S. Court of Appeals in ICU Medical, Inc. v. Alaris Medical Systems, Inc. (558 F.3d 1368 [Fed. Cir. 2009]), Research Corp. Techs. v. Microsoft Corp. (627 F.3d at 871-872 [Fed. Cir. 2010]) and Anascape v. Nintendo of America Inc. (601 F.3d at 1334, 1340 [Fed. Cir. 2010]), according to an Aug. 5 petition for inter partes review filed with the Patent Trial and Appeal Board (R.J. Reynolds Vapor Company v. Fontem Holdings I BV, No. IPR2016-01532, PTAB).



Honda Seeks Inter Partes Review Of 'Integration Subsystem' Patent
ALEXANDRIA, Va. - A patent that is currently the subject of several pending inter partes review (IPR) requests filed by companies including Volkswagen Group of America Inc. and Toyota Motor Co. is under fire again, in light of an Aug. 4 petition for IPR filed by America Honda Motor Co. Inc. (Honda) with the Patent Trial and Appeal Board (American Honda Motor Co. v. Blitzsafe Texas LLC, No. IPR2016-01533, PTAB).



Patent Board Will Review Fraud Prevention Patent
ALEXANDRIA, Va. - Efforts by various banking institutions to obtain covered business method (CBM) review of a patent that claims improvements in fraud detection and notification during remote and electronic transactions were successful Aug. 1, when the Patent Trial and Appeal Board approved the request (Southside Bancshares Inc., et al. v. St. Isidore Research LLC, No. CBM2016-00027, PTAB).



Apple Asks U.S. High Court To Affirm $400M Design Patent Win Over Samsung
WASHINGTON, D.C. - In a smartphone patent dispute with Samsung Electronics Co. Ltd., Apple Inc. responds in a July 29 brief that the U.S. Supreme Court should uphold a ruling ordering Samsung to pay $400 million for infringing iPhone design patents and that Congrss should decide whether a Patent Act provision makes design patents "too powerful" (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 15-777, U.S. Sup.).



Momenta, Sandoz Tell U.S. High Court Hatch-Waxman Patent Safe Harbor Is Not Too Narrow
WASHINGTON, D.C. - The U.S. Supreme Court should not hear a petition to consider whether an appellate court's interpretation of the Hatch-Waxman safe harbor, 35 U.S. Code Section 271(e)(1), is "overly narrow" and puts generic manufacturers at risk of patent suits, Momenta Pharmaceuticals Inc. argue in an Aug. 1 opposition brief (Amphastar Pharmaceuticals, Inc., et al. v. Momenta Pharmaceuticals, Inc. and Sandoz, Inc., No. 15-1402, U.S. Sup.).



Importers Ask High Court To Decide ITC's Jurisdiction Reach On $6M Patent Fine
WASHINGTON, D.C. - Two importers on July 13 petitioned the U.S. Supreme Court to consider whether the International Trade Commission (ITC) overreached its jurisdiction into domestic patent issues when it issued a $6.2 million fine against them for violating a consent order and importing parts that infringed a communications system patent (DBN Holding, Inc. and BDN, LLC v. International Trade Commission, No. 16-63, U.S. Sup.).



Patent Owner Asks U.S. High Court To Stay Petition, Clarify Defense Of Laches In SCA
WASHINGTON, D.C. - A patent owner seeking clarification on the extent to which the defense of laches may bar a claim for patent infringement asks the U.S. Supreme Court in a July 25 petition for certiorari to stay its petition pending resolution of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC (136 S. Ct. 1824 [2016]) (Endotach LLC v. Cook Medical LLC, No. 16-127, U.S. Sup.).



Patent Owner Seeks U.S. High Court Clarification On Inter Partes Review
WASHINGTON, D.C. - The U.S. Supreme Court should clarify the scope of judicial review in inter partes reviews (IPR), a patent owner argues in a July 21 petition for certiorari, also asking that the court determine whether, under the strong presumption of judicial reviewability of agency action, Congress precluded judicial review of claims that the U.S. Patent and Trademark Office Patent Trial and Appeal Board has exceeded its statutory authority (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.).