Mealey's Patents

  • May 15, 2026

    Federal Circuit Affirms Another Win For Roku In Dispute Before PTAB

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a U.S. Patent Trial and Appeal Board (PTAB) finding that patent claims describing universal remote-control systems were unpatentable as obvious in inter partes review (IPR) proceedings initiated by Roku Inc. against a rival it has met on appeal at the Federal Circuit in recent months.

  • May 14, 2026

    Full Federal Circuit Rejects Bid To Reconsider Martian Helicopter Patent

    WASHINGTON, D.C. — In a corrected May 13 order, the full Federal Circuit U.S. Court of Appeals again denied a petition for en banc rehearing to reconsider whether a NASA subcontractor was immunized from infringement claims through its work for the federal government in its help developing a helicopter sent to Mars, leaving in place a panel’s February finding that the company was in fact immune.

  • May 14, 2026

    Federal Circuit Affirms Award Of Attorney Fees In Patent Infringement Case

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a lower court’s decision to award a company certain attorney fees it incurred defending itself against patent infringement claims, finding that the lower court was right to find the case “exceptional.”

  • May 14, 2026

    Judge Properly Construed pH Claim Term In ANDA Dispute, Federal Circuit Rules

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on May 13 affirmed a West Virginia federal judge’s finding that a generic drug maker did not infringe patents describing a compound used in a hypertension drug because a claim term “a pH of 13 or higher” referred to a standard temperature in the field; the panel said it found no clear error in the judge’s claim construction.

  • May 14, 2026

    Split Federal Circuit Disagrees If Claim Construction Arguments Were Raised

    WASHINGTON, D.C. — A partially split Federal Circuit U.S. Court of Appeals largely affirmed findings from the U.S. Patent Trial and Appeal Board’s (PTAB) decision finding that multiple claims of railroad collision-avoidance patents were invalid as obvious as per prior art; the panel reversed the PTAB’s finding that certain challenged claims survived, determining that the PTAB employed too narrow a claim construction on these claims.

  • May 13, 2026

    Federal Circuit: Inventors’ Suit Against PTO Undone By Their Own Statements

    WASHINGTON, D.C. — Three pro se plaintiff-appellants lacked standing to sue the U.S. Patent and Trademark Office (PTO) after it rejected their request to submit their patent application as a micro entity because they failed to show that they retained an interest in the application, a Federal Circuit U.S. Court of Appeals panel held May 12, agreeing with a Texas federal judge who granted the PTO’s motion to dismiss.

  • May 08, 2026

    Split 9th Circuit Panel Calls Cooler Trademark Claims ‘End Run’ Around Patent Law

    SAN FRANCISCO — A split Ninth Circuit U.S. Court of Appeals panel affirmed a California federal judge’s grant of summary judgment in favor of Igloo Products Corp. on a federal false advertising claim against it, with the panel majority saying that Igloo’s claim that it had created the “first biodegradable cooler” was not a comment on the nature of the product itself and thus not actionable under the Lanham Act.

  • May 08, 2026

    Appeals Court Affirms PTAB’s Rejection Of DraftKings’ Late Invalidation Argument

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a decision from the U.S. Patent Trial and Appeal Board (PTAB) to find that the company formerly known as DraftKings Inc. failed to show that a single patent claim was invalid in its otherwise successful challenge of another company’s online gaming patent; the panel agreed with the PTAB that an argument regarding the patent claim was inappropriately raised for the first time in a footnote in a reply brief.

  • May 07, 2026

    4th Circuit: PTAB Draft Decisions Fall Under FOIA Exemption

    RICHMOND, Va. — A Virginia federal judge correctly concluded that the U.S. Patent Trial and Appeal Board (PTAB) properly withheld draft decisions in response to a Freedom of Information Act (FOIA) request, a Fourth Circuit U.S. Court of Appeals panel held, agreeing that the materials were “predecisional” and “deliberative” under the meaning of a FOIA exemption.

  • May 06, 2026

    Panel Agrees: Mobile Tech Patent Claims Abstract In Complaint Targeting Google

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on May 5 affirmed a California federal judge’s finding that mobile device technology patent claims asserted in an infringement suit against Google LLC were invalid as directed at the abstract concept of screening notifications without an additional inventive concept.

  • May 05, 2026

    Federal Circuit Agrees ‘About’ Phrase Indefinite In Food Chemical Patent Dispute

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on May 4 affirmed an Arkansas federal judge’s ruling that a plaintiff-appellant chemical company’s asserted patent claims were invalid as indefinite; the panel saw no error in the judge’s finding that the claim term “about” did not define the boundaries of a claimed range of pH levels.

  • May 01, 2026

    Ad Patent Claims Properly Construed, Invalidated, Federal Circuit Finds

    WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) correctly construed two disputed claim terms during inter partes review (IPR) proceedings initiated by Google LLC, a Federal Circuit U.S. Court of Appeals panel held April 30; the appeals court rejected the plaintiff-appellant technology company’s claim that PTAB violated the Administrative Procedure Act (APA) by providing an analysis that does not enable Federal Circuit review.

  • April 30, 2026

    Optimization Patent Claims Abstract, Appeals Court Says, Narrowing LG Trial Loss

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel held that patent claims describing “optimization” of “constellations” of geometrically mapped data were ineligible as abstract, vacating a Texas federal judge’s grant of summary judgment of eligibility in a patent infringement dispute initiated by a technology company against LG Electronics Inc. and related entities.

  • April 30, 2026

    High Court Hears Arguments On Induced Infringement In ‘Skinny-Label’ Suits

    WASHINGTON, D.C. — The U.S. Supreme Court heard oral argument April 29 on the standard for the inducement of infringement in medical patent cases, including ones that involve “skinny label” generic versions.  A bioequivalent manufacturer told the high court that recent precedent emphasized that an entity must take active steps to induce infringement, while a patent-owning pharmaceutical company maintained that statements made by the bioequivalent maker did not clearly disclaim patented cardiovascular uses, thus inducing infringement.

  • April 29, 2026

    Federal Circuit Rejects Crocs’ Timeliness Arguments In Bid To Rethink ITC IP Loss

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals rejected Crocs Inc.’s petition for panel rehearing or rehearing en banc, leaving in place a panel’s January opinion that held that the U.S. International Trade Commission (ITC) did not abuse its discretion by granting a limited exclusion order (LEO) and not a general exclusion order (GEO) to Crocs against defaulting defendants accused of importing products that infringed or diluted its trademarks.

  • April 28, 2026

    Federal Circuit: No New Trial For DSL Patent Holder After Noninfringement Verdict

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a Texas federal judge’s denial of a technology company’s request for a new merits trial and a new trial on damages; the panel held that substantial evidence supported a jury’s findings that the company failed to show that one of its asserted patents describing digital subscriber line (DSL) technology was infringed and that another asserted patent was invalidated by prior art references.

  • April 28, 2026

    Federal Circuit Affirms PTAB, ITC Losses For Network Security Patent Holder

    WASHINGTON, D.C. — Across two opinions, a Federal Circuit U.S. Court of Appeals panel affirmed losses for a technology company before both the U.S. Patent Trial and Appeal Board (PTAB) and the U.S. International Trade Commission (ITC), agreeing with findings that the company’s patent claims were invalid as obvious and that it failed to show that a competitor company violated a section of the Tariff Act by importing allegedly infringing products.

  • April 27, 2026

    High Court Rejects Challenge To Fees In ‘Frivolous’ Patent Case

    WASHINGTON, D.C. — The U.S. Supreme Court rejected a technology company’s petition for a writ of certiorari in an April 27 order list, turning down a request to hear arguments that the Federal Circuit U.S. Court of Appeals wrongly affirmed a California federal judge’s entry of more than $250,000 in attorney fees and additional sanctions against the company’s counsel for bringing a suit the judge found to be obviously meritless.

  • April 24, 2026

    Federal Circuit Rejects Biotech Company’s Rehearing Bid For DNA Patent Claims

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals rejected a gene therapy product maker’s petition for rehearing en banc, leaving in place a panel’s finding that a Delaware federal judge wrongly concluded that a patent’s claims involving genetically engineered cultured host cells containing a recombinant nucleic acid molecule were directed to a natural phenomenon.

  • April 24, 2026

    Federal Circuit: Disputes Remain As To Whether Google Product Meets Limitation

    WASHINGTON, D.C. — In a mixed result, a Federal Circuit U.S. Court of Appeals panel on April 23 affirmed a New York federal judge’s finding that some patent claims asserted against Google LLC and YouTube LLC in an infringement dispute were invalid as indefinite but reversed summary judgment as to other claims; the panel held that factual questions remained regarding whether an accused Google Content ID system met a claim limitation requiring a “‘sublinear’” search.

  • April 23, 2026

    Federal Circuit: $100 Patent Licensing Option Moots Tech Company’s Validity Appeal

    WASHINGTON, D.C. — An option in a settlement agreement to license a patent for only $100 is not enough for a plaintiff-appellant technology company to establish a live case or controversy, a Federal Circuit U.S. Court of Appeals panel held, dismissing as moot the company’s challenge to a Massachusetts federal judge’s finding that the patent was invalid as abstract.

  • April 22, 2026

    Federal Circuit: Alleged Implant Trade Secrets Disclosed By Prior Art Patents

    WASHINGTON, D.C. — In two opinions, a Federal Circuit U.S. Court of Appeals panel found that the evidence did not support a California federal jury’s determination that defendant medical entities in a sprawling dispute over a cosmetic penile implant device had misappropriated trade secrets; the panel found that all alleged trade secrets had been publicly disclosed in prior art patents.

  • April 17, 2026

    3rd Circuit: Janssen Didn’t Show Irreparable Harm From Patent Settlement Breach

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel affirmed a New Jersey federal judge’s denial of a preliminary injunction requested by appellants Johnson & Johnson and Janssen Biotech Inc., agreeing that the appellants had failed to show irreparable harm caused through Samsung Bioepis Co. Ltd. by an alleged breach of the settlement in an earlier patent dispute.

  • April 17, 2026

    Judge Wrongly Granted JMOL In Antibody Patent Row After Verdict, Panel Finds

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on April 16 reversed a Massachusetts federal judge’s grant of judgment as a matter of law (JMOL) of invalidity on patents held by Teva Pharmaceuticals International GmbH and its American affiliate for lack of written description and enablement; the panel found that a reasonable jury could have found that the invention involved a well-known class of antibodies, rather than a novel genus.

  • April 16, 2026

    Federal Circuit Says Tech Company Established Patent Claims’ Territoriality

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel reversed a California federal judge’s grant of summary judgment of noninfringement in favor of Intel Corp., holding that a stipulation between Intel and the patent holder establishes a U.S. nexus, contrary to the judge’s finding of extraterritoriality.