Monthly Archives: May 2020

IPR obviousness findings affirmed except for one claim that “describes a stand-alone alternative” to means-plus-function limitation

Cochlear Bone Anchored Solutions AB v. Oticon Medical AB, et al. Docket No. 2019-1105, -1106 (IPR2017-01018, -01019) NEWMAN, O’MALLEY, TARANTO May 15, 2020 Brief Summary: Board IPR obviousness findings affirmed, while its analysis of one means-plus-function claim vacated and remanded. … Continue reading

Posted in Claim Construction, Inter Parties Review (IPR), IPR, Means-plus-function, Obviousness | Leave a comment

Board IPR FWD finding BSN’s claims obvious affirmed, claim construction arguments waived

Boston Scientific Neuromodulation Corp. v. Nevro Corp., USPTO as Intervenor Docket No. 2019-1584 (IPR2017-01899) LOURIE, MOORE, O’MALLEY May 18, 2020 Non-precedential Brief Summary: Board IPR FWD finding BSN’s claims obvious affirmed (e.g., BSN “waived any claim construction argument…by failing to … Continue reading

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Corrected assignment effective to show ownership, willful infringement finding and prejudgment interest award affirmed

Jodi A. Schwendimann, Cooler Concepts, Inc. v. Arkwright Advanced Coating, Inc. Docket No. 2018-2416, 2019-1012 O’MALLEY, REYNA, WALLACH May 13, 2020 Brief Summary: DC finding of willful infringement and award of prejudgment interest affirmed; “corrected nunc pro tunc” assignment effective … Continue reading

Posted in Assignment / Ownership, Damages, Willfullness | Leave a comment

Uniloc claim ineligible under § 101 as abstract, claim includes “no specific asserted improvements”

Cisco Systems, Inc. v. Uniloc 2017 LLC Docket No. 2019-2048 MOORE, O’MALLEY, TARANTO May 13, 2020 Non-Precedential Brief Summary: DC finding of patent ineligibility under § 101 affirmed (abstract idea since claim includes “no specific asserted improvements”). Summary: Uniloc appealed … Continue reading

Posted in Patent Eligibility (101), Patentability, Software | Leave a comment

DC non-infringement decision affirmed due to disclosure-dedication doctrine

Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC Docket No. 2019-1924 O’MALLEY, REYNA, CHEN May 8, 2020 Brief Summary: DC finding of no infringement under DOE based on disclosure-dedication doctrine affirmed. Summary: Eagle appealed DC judgment of non-infringement of US Pat. … Continue reading

Posted in Claim Construction, Doctrine of equivalents, Infringement | Leave a comment

IPR decision of no obviousness vacated and remanded; Grit found to have Article III standing based on previously dismissed (without prejudice) litigation

Grit Energy Solutions, LLC v. Oren Technologies, LLC Docket No. 2019-1063 (IPR2017-00768) PROST, NEWMAN, WALLACH April 30, 2020 Brief Summary: PTAB IPR decision of no obviousness vacated and remanded; Grit found to have Article III standing based on previously dismissed … Continue reading

Posted in Article III disputes, Claim Construction, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

DC ineligibility decision reversed as claims are directed to a (“patent-eligible improvement to computer functionality”

Uniloc USA, Inc. et al. v. LG Electronics USA, Inc. et al. Docket No. 2019-1835 MOORE, REYNA, TARANTO April 30, 2020 Brief Summary: DC decision of patent ineligibility under § 101 for being abstract (Alice, step one) reversed and remanded … Continue reading

Posted in Patentability, Section 101 (see also Patentability), Software | Leave a comment