Mealey's Patents

  • May 29, 2025

    Federal Circuit Affirms Claim Construction That Caused Patent Claim Dismissal

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel said a Texas federal judge committed no discernible error in claim constructions that led to a judgment of noninfringement in a defendant energy company’s favor on infringement claims related to a series of patents for a system of testing structural integrity of various vessels used for storing or moving oil and gas.

  • May 28, 2025

    Supreme Court Denies Cert To Packaging Patent Holder’s Enablement Arguments

    WASHINGTON, D.C. — The U.S. Supreme Court on May 27 rejected a patent holder’s petition for a writ of certiorari, declining to consider whether the Federal Circuit U.S. Court of Appeals was wrong to summarily affirm the U.S. Patent Trial and Appeal Board’s (PTAB) invalidation of the company’s food packaging patents.

  • May 28, 2025

    Federal Circuit: PTAB’s Combination Analysis Wrong In Lighting Patent Row

    WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) erred in its analysis of the motivation to combine prior art references in post-grant review proceedings for a patent describing a type of lighting structure, a Federal Circuit U.S. Court of Appeals panel held May 27, finding that PTAB improperly imposed a quantification requirement that was “overly rigid and inconsistent with well-established precedent.”

  • May 27, 2025

    Federal Circuit: PTAB Erred On Some Claims In Mostly Affirmed Insurance Sensor IPR

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel issued a mixed opinion in a patent dispute involving devices for monitoring vehicle movement for insurance purposes, largely affirming findings from the U.S. Patent Trial and Appeal Board; the panel held, though, that a portion of the PTAB’s findings were based on an erroneous conclusion during claim construction.

  • May 27, 2025

    Federal Circuit: PTAB’s Claim Construction Too Narrow In X-Ray Patent Row

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on May 23 held that the U.S. Patent Trial and Appeal Board (PTAB) erroneously narrowed a disputed patent claim related to X-ray imaging, reversing the PTAB’s finding that claims of the appellee’s patent were not invalid as anticipated.

  • May 27, 2025

    Federal Circuit Reverses Summary Judgment For Apple In Payment Patent Row

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel reversed a Texas federal judge’s grant of summary judgment in favor of defendant-appellee Apple Inc. in a dispute with Fintiv Inc. over a payment application, holding that Fintiv adequately raised a question of material fact as to Apple’s alleged infringement.

  • May 23, 2025

    Federal Circuit: PTAB Obviousness Finding For Gene Treatment Not In Error

    WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals held May 22 that the Patent Trial and Appeal Board (PTAB) did not err when it ruled that a biopharmaceutical company’s patents on a hemophilia gene therapy treatment were unpatentable as obvious, affirming the board’s finding in an inter partes review (IPR) proceeding brought by Pfizer Inc.

  • May 23, 2025

    Full Federal Circuit Orders New Trial On Damages For Google In Patent Fight

    WASHINGTON, D.C. — The full Federal Circuit U.S. Court of Appeals held that a Texas federal judge should have granted Google LLC a new trial on damages after a jury found that the company infringed on a patent related to smart thermostat technology, finding that the judge allowed jurors to hear unreliable testimony regarding a royalty rate.

  • May 20, 2025

    Federal Circuit Splits On PTAB Review Of Stylus Patent; Majority Orders Reversal

    WASHINGTON, D.C. — A split Federal Circuit U.S. Court of Appeals panel on May 19 held that the U.S. Patent Trial and Appeal Board (PTAB) should have gone further in its findings that challenged claims in patents related to a device to be used with a stylus were unpatentable as obvious, reversing the PTAB’s findings related to one patent claim and affirming regarding multiple others.

  • May 15, 2025

    Judge Finds No Video Patent Infringement After $26M Verdict Against Google

    WACO, Texas — A federal judge in Texas granted Google LLC and YouTube LLC’s motion for judgment as a matter of law (JMOL) of noninfringement, reversing a jury’s nearly $26 million patent infringement verdict in favor of another online video company; the judge ruled that the plaintiff company’s infringement theory is not supported by the claim text of its patent.

  • May 14, 2025

    PTAB Got Conception Analysis Wrong For CRISPR Patent, Federal Circuit Says

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel said the U.S. Patent Trial and Appeal Board (PTAB) wrongly required scientists from the University of California and other facilities to show that their claimed invention would work to show that they conceived of a gene editing technology first, reviving a dispute over the CRISPR-Cas9 system.

  • May 14, 2025

    Company Can’t Use IPR Estoppel To Get New Trial, Federal Circuit Says

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel said substantial evidence supported a jury’s finding that multiple claims in a tech company’s patents related to portable memory devices were shown to be obvious and anticipated as per prior art references, affirming that and other findings in the dispute, holding that inter partes review (IPR) estoppel “does not preclude a petitioner from asserting that a claimed invention was known or used by others, on sale, or in public use in district court.”

  • May 12, 2025

    Tire Company: High Court Must Consider Question Of Illinois Litigation Privilege

    WASHINGTON, D.C. — A tire corporation emphasized in a brief that the U.S. Supreme Court should grant its petition for a writ of certiorari, saying that an opinion from the Federal Circuit U.S. Court of Appeals “expanded Illinois’ traditionally narrow absolute litigation privilege beyond what any other court applying Illinois law has ever done” in its consideration of trade dress and patent claims brought against the company by another tire entity based in Japan.

  • May 09, 2025

    Email Patent Applicant Failed To Rebut Obviousness, Federal Circuit Says

    WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) did not err when it affirmed an examiner’s rejection of a man’s application for a patent on an email annotation system, a panel in the Federal Circuit U.S. Court of Appeals said May 8, agreeing that the application’s claims were invalid as obvious.

  • May 09, 2025

    Federal Circuit: Drug Maker Lacked Standing To Challenge PTAB Validity Ruling

    WASHINGTON, D.C. — In a pair of opinions, two Federal Circuit U.S. Court of Appeals panels ruled against Incyte Corp. and a related entity in patent disputes that involved Sun Pharmaceutical Industries Inc. and the compound ruxolitinib, the appellate court reversed a New Jersey federal judge’s grant of preliminary injunction in Incyte’s favor and said the company lacked standing to challenge a finding from U.S. Patent Trial and Appeal Board (PTAB) that it failed to show the invalidity of Sun’s patent.

  • May 08, 2025

    Federal Circuit: Appellants Could Face Sanctions In IP Fight For Faulty Briefing

    WASHINGTON, D.C. — Attorneys for two companies that appealed nearly $4 million in judgments against them in a decade-long intellectual property dispute over hookless shower curtains could face sanctions, a Federal Circuit U.S. Court of Appeals panel said in a sua sponte order, if they cannot show how they have not repeatedly violated circuit rules by inappropriately separating arguments between the companies’ respective briefs.

  • May 08, 2025

    Ad Patent Holders Expanded Scope In Reissuance Bid, Federal Circuit Rules

    WASHINGTON, D.C. — The scope of a web advertising patent claim broadened when the patent holders submitted a reissuance application, a panel in the Federal Circuit U.S. Court of Appeals held, agreeing with the U.S. Patent Trial and Appeal Board’s (PTAB) sustaining of an examiner’s rejection.

  • May 07, 2025

    Federal Circuit: Alice Analysis Correct In Tax Patent Suit Dismissal

    WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals on May 6 affirmed a Delaware federal judge’s decision to dismiss a tax company’s patent infringement suit, agreeing with the judge that the company’s patent describing a method to determine an aircraft’s taxability status is directed at an abstract concept without adding anything.

  • May 07, 2025

    Medical Patent Injunction At Odds With Hatch-Waxman, Federal Circuit Finds

    WASHINGTON, D.C. — A Delaware federal judge abused discretion by ordering a defendant pharmaceutical company to perform no further experimentation on its medication for people with narcolepsy that a jury found infringed on a competitor’s product, a Federal Circuit U.S. Court of Appeals panel found May 6, holding that the finding is at odds with the “plain language and purposes of the Hatch-Waxman Act.”

  • May 06, 2025

    Federal Circuit: Judge Right To Find Geolocation Patent Claims Too Abstract

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel said in a per curiam opinion that it saw no error in a Virginia federal judge’s finding that multiple asserted claims in a mobile device location data patent claimed patent ineligible subject matter for focusing only on abstract ideas.

  • May 05, 2025

    High Court Won’t Hear Challenge To Federal Circuit Vacating $13.2M Patent Verdict

    WASHINGTON, D.C. — The U.S. Supreme Court in a May 5 order list rejected a software company’s petition for a writ of certiorari, refusing to hear arguments on whether the Federal Circuit U.S. Court of Appeals was wrong to vacate a jury’s verdict of $13.2 million in damages.

  • May 05, 2025

    Supreme Court Won’t Hear Challenge To Patent Holder’s Failed Recusal Bid

    WASHINGTON, D.C. — The U.S. Supreme Court denied a patent owner’s petition for a writ of certiorari on May 5, declining to hear arguments from the company that the Federal Circuit U.S. Court of Appeals wrongly upheld a federal judge’s denial of a patent owner’s recusal motion in an infringement dispute with Fitbit LLC and multiple other entities; the Federal Circuit previously suggested that the recusal motion could have been “strategic.”

  • May 01, 2025

    Federal Circuit Agrees With Judge, PTAB That Payment Patents Invalid

    WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals on April 30 affirmed a Texas federal judge’s decision to toss a company’s patent infringement suits against PayPal Holdings Inc. and a similar decision by the U.S. Patent Trial and Appeal Board (PTAB) in a dispute with Apple Inc., agreeing that the company’s patents are invalid as indefinite.

  • April 29, 2025

    Supreme Court Won’t Hear AIA Arguments In Sweetener Patent Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court on April 28 declined to disturb a Federal Circuit U.S. Court of Appeals ruling that the Leahy-Smith America Invents Act (AIA) did not change longstanding precedent regarding the on-sale bar, denying a petition for a writ of certiorari from entities that sought to block the importing of an artificial sweetener that they said infringed on their patents into the United States.

  • April 28, 2025

    Both Supreme Court And District Court Deny Bids To Stay Patent Suit Sanctions

    WASHINGTON, D.C. — Both the U.S. Supreme Court and a California federal court blocked requests to stay the entry of sanctions against three lawyers from a law firm representing a patent holder on April 25; the federal magistrate judge presiding over the lower court case said the attorneys failed to show that their pending appeal before the Federal Circuit U.S. Court of Appeals has a substantial likelihood of success.

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