Monthly Archives: December 2016

United Construction Products, Inc. D/B/A Bison Innovative Products v. Tile Tech, Inc.

Posted on December 28, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1392 MOORE, WALLACH, STOLL December 15, 2016 Brief Summary: DC grant of default judgment and a permanent injunction to United for patent infringement and unfair competition claims affirmed. Summary: Tile Tech appealed DC grant of default judgment and … Continue reading →

Posted in Injunction | Leave a comment

Medgraph, Inc. v. Medtronic, Inc.

Posted on December 27, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-2019 LOURIE, PLAGER, TARANTO December 13, 2016 Brief Summary: DC dismissal of infringement claims against Medtronic affirmed because Medgraph did not prove “that some entity or group of entities performed all of the claimed steps” (Akamai V) and … Continue reading →

Posted in Claim Construction, Contributory Infringement, Inducement to Infringe, Infringement | Leave a comment

Power Integrations, Inc. v. Fairchild Semiconductor Int., Inc. et al.

Posted on December 23, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1329, -1388 PROST, SCHALL, CHEN December 12, 2016 Brief Summary: Opinion addresses several grounds of appeal and cross-appeal in a long-running dispute (see, e.g., Power Int., FC 2015 and 2013) relating to the power supply controller chip market … Continue reading →

Posted in Anticipation (35 USC 102), Claim Vitiation, Doctrine of equivalents, Inducement to Infringe, Infringement, Obviousness | Leave a comment

U.S. Water Services, Inc., Roy Johnson v. Novozymes A/S et al.

Posted on December 22, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1950, -1967 WALLACH, HUGHES, STOLL December 15, 2016 Brief Summary: DC grant of SJ for invalidity (inherent anticipation) reversed; grant of SJ of no inequitable conduct affirmed. Summary: U.S. Water (USW) appealed DC grant of SJ to Novozymes … Continue reading →

Posted in Anticipation (35 USC 102), Inequitable Conduct, Inherency | Leave a comment

In Re: JobDiva, Inc.

Posted on December 16, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1960 PROST, DYK, STOLL December 12, 2016 Brief Summary: Board decision cancelling service marks for software vacated and remanded because it did not answer the question of whether users would perceive the web-based software as providing the service … Continue reading →

Posted in Trademarks | Leave a comment

Cutsforth, Inc. v. MotivePower, Inc.

Posted on December 15, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1316 (IPR2013-00274) PROST, CLEVENGER, MOORE January 22, 2016 Non-precedential Brief Summary: FC panel held “that the Board’s Final Written Decision does not provide enough explanation to support its finding of obviousness.” Summary: Cutsforth appealed PTAB IPR decision finding … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

In re: NuVasive, Inc.

Posted on December 14, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1670 (IPR2013-00506) PROST, REYNA, HUGHES December 7, 2016 Brief Summary: PTAB IPR decision vacated and remanded as it failed to provide an adequate explanation of the motivation to combine the cited references. Summary: NuVasive appealed final written decision … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

Asetek Danmark A/S v. CMI USA Inc. et al.

Posted on December 13, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1026, -1183 PROST, REYNA, HUGHES December 6, 2016 Update (April 3, 2017): DC rulings on infringement (yes), invalidity (no), and damages affirmed. Remanded “insofar as the injunction reaches conduct by Cooler Master (regarding the covered products) that goes … Continue reading →

Posted in Claim Preclusion, Contributory Infringement, Damages, Infringement | Leave a comment

Apple, Inc. et al. v. Ameranth, Inc. (CBM2014-00013) / Ameranth, Inc. v. Agilysis, Inc. et al. (CBM2014-00015, -00016)

Posted on December 12, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1703, -1704 REYNA, CHEN, STOLL November 29, 2016 Brief Summary: PTAB decision to institute CBM affirmed (no “technological invention” exception); conclusions of no patentability under §101 affirmed; conclusions of patentability under § 101 reversed (claims to “insignificant post-solution … Continue reading →

Posted in Claim Construction, Covered Business Method Reviews, Patentability | Leave a comment

Dr. Reddy’s Laboratories, Ltd. et al. (Petitioner) v. Monosol Rx, LLC (Patent Owner)

Posted on December 6, 2016 by Patrick J. Halloran, Ph.D., J.D.

IPR2016-01111 (U.S. Pat. No. 8,603,514 B2) Decision Denying Institution of IPR December 5, 2016 Brief Summary: IPR petition denied because Dr. Reddy’s did not show obviousness by a preponderance of the evidence; no collateral estoppel since issues in two cases … Continue reading →

Posted in Collateral estoppel, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment