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Recent Posts
- DC ineligibility (section 101) decisions based on claims being “solely directed to non-functional printed matter” reversed as “they were also directed to ‘the means by which that information is conveyed”
- DC dismissal of IPR institution decision action affirmed, reversed as to Apple’s improper USPTO rule-making argument
- Board finding of no obviousness reversed under “known-technique” motivation to combine rationale
- Board finding of no written description of genus claims in priority applications and anticipation affirmed
- IPR decision of no obviousness vacated and remanded for “fundamental legal error in defining the combination it was evaluating”
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Monthly Archives: August 2016
Veritas Technologies LLC v. Veeam Software Corporation
Docket No. 2015-1894 (IPR2014-00090) LOURIE, O’MALLEY, TARANTO August 30, 2016 Brief Summary: PTAB claim construction and conclusion of obviousness affirmed for certain claims but denial of motion to amend by introducing new claims vacated “as arbitrary and capricious”. Summary: Veritas … Continue reading
TecSec, Inc. v. Adobe Systems Incorporated, et al.
Docket No. 2015-1686 PROST, LINN, TARANTO August 18, 2016 Non-precedential Brief Summary: DC grant of SJ of non-infringment to Adobe regarding its Acrobat program vacated due to erroneous claim construction. Summary: TecSec appealed DC grant of SJ of non-infringement to … Continue reading
Posted in Claim Construction
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Mylan Pharmaceuticals Inc. and Amneal Pharmaceuticals LLC v. Yeda Res. & Dev. Co. Ltd.
Case IPR2015-00643 O’MALLEY, CHEN, STOLL August 10, 2016 Brief Summary: Board concluded that claims ‘250 1-20 relating to Teva’s 40 mg/ml glatiramer acetate (GA) product (Copaxone®) are unpatentable for obviousness. Summary: This IPR relates to Yeda’s US 8,232,250, one of … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
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Apotex Inv. V. Wyeth LLC
Docket No. 2015-1871 (IPR2014-00115) LOURIE, WALLACH, HUGHES August 16, 2016 Non-precedential Brief Summary: PTAB final written decision of nonobviousness affirmed because “Apotex failed to explain why a skilled artisan ‘would have substituted tigecycline for minocycline’”. Summary: Apotex appealed PTAB final … Continue reading
Vapor Point LLC et al. v. Elliot Moorehead et al. (“NanoVapor”)
Docket No. 2015-1801, -2033 O’MALLEY, CHEN, STOLL August 10, 2016 Brief Summary: DC correction of inventorship (four key concepts encompassed by NV’s patents, three of the four contributed by VP) and dismissal affirmed (NV waived its rights to argue assignment). … Continue reading
Posted in Assignment / Ownership, Inventorship
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In Re: CSB-System International, Inc.
Docket No. 2015-1832 NEWMAN, MOORE, STOLL August 9, 2016 Brief Summary: Board’s decision affirming the examiner’s rejections was affirmed, but claim terms of a patent that expires during reexamination must be construed under Phillips, not the broadest reasonable interpretation. Summary: … Continue reading
Posted in Claim Construction, Reexamination
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Arendi S.A.R.L. v. Apple Inc., Google Inc., Motorola Mobility LLC
Docket No. 2015-2073 (IPR2014-00208) MOORE, LINN, O’MALLEY August 10, 2016 Brief Summary: Board’s obviousness decision found to lack “a reasoned explanation that avoids conclusory generalizations” regarding the role of common sense and was therefore reversed. Summary: Arendi appealed PTAB final … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
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Halo Electronics, Inc. v. Pulse Electronics, Inc. et al.
Docket No. 2013-1472, -1656 LOURIE, O’MALLEY, HUGHES August 5, 2016 Brief Summary: On remand from SCOTUS, DC decision of no willfulness based on Seagate test vacated and remanded (DC to “consider, as one factor in its analysis, what Pulse knew … Continue reading
Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corporation
Docket No. 2015-1420, -1477 DYK, PLAGER, TARANTO August 4, 2016 Brief Summary: DC claim construction partially reversed (Markush group) and grant of SJ to Berry vacated. Berry’s cross-appeal regarding sanctions was found to be “meritless”. Summary: Multilayer appealed DC claim … Continue reading
Posted in Claim Construction
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Advanced Ground Information Systems, Inc. v. Life360, Inc.
Docket No. 2015-1732 MOORE, MAYER, WALLACH July 28, 2016 Brief Summary: DC finding that “symbol generator” invoked 112/6 and was indefinite affirmed (computer-implemented functions require disclosure of an algorithm). Summary: AGIS appealed DC decision that certain claims of US 7,031,728 … Continue reading
Posted in Indefiniteness, Means-plus-function
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Federal Circuit summaries 