Harness, Dickey & Pierce, PLC

New Filings September 21-27, 2015

On September 22, 20150, Apple, Inc. filed IPR2015-01934 challenging claims 1-9 of United States Patent No. 8,316,177. On September 25, 2015, General Plastic Industrial Co., Ltd. filed IPR2015-01954 challenging claims 1,…more
| Civil Procedure, Intellectual Property

Institution Decisions September 21- 27, 2015

In Cree, Inc. v. Honeywell International Inc., IPR2015-00914 (PTAB September 24, 2015), the Board instituted inter partes review of claims 28, 33 – 35, 37, 40 – 44, 46, and 49 – 51, of U.S. Patent No. 6,373,188 but not…more
| Civil Procedure, Intellectual Property

Using the Internet to Make Phone Calls is Not Patent Eligible

In Telinit Technologies, LLC Alteva, Inc., [2:14-cv-369] (E.D. Tex. September 21, 2015), Judge Shroeder granted Judgment on the Pleadings that U.S. Patent Number 6,192,123 on a Method and Apparatus for Initiating Telephone Calls…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Reason For Bringing a Meritorious Petition for Inter Partes Review is Irrelevant; No Sanctions Against Hedge Fund Front

In Coalition for Affordable Drugs VI, LLC v. Celgene Corp., IPR2015-01092, Paper 19 (September 25, 2015), the Board denied the patent owner’s motion for sanctions against Petitioner, who it accused of filing the Petition to…more
| Civil Procedure, Intellectual Property

Inconsistent Positions: Never as Good in Practice as in Theory

In Smith v.Orbcomm. Inc. [2:14-CV-666 (E.D. Tex. 2015), Judge Gilstrap invalidated as indefinite two claims of U.S. Patent No. 6,611,686 on a system of remotely tracking vehicles and cargo, rejecting the patent owner’s argument…more
| Civil Procedure, Intellectual Property

BioPharma Patents: Quick Tips & News - September 2015

For our BioPharma audience, you might be interested in Harness Dickey’s Quarterly BioPharma Newsletter, which reports on the impact of the Akamai v. Limelight, Suprema v. ITC, and Amgen v. Sandoz cases on the BioPharma…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

PTAB Eases Restrictions on Submitting Observations on Cross Examination for Your Own Witness

When a party submits declaration testimony and the opposing party is not entitled to another brief, “observations on cross-examination” are the opposing party’s mechanism for introducing declaration testimony from that witness. …more
| Civil Procedure, Intellectual Property

A Dose of Reality Can Treat Infectious Hindsight

In Ivera Medical Corp. v. Hospira, Inc., [2014-1613, 2014-1614] (September 8, 2015), the Federal Circuit reversed the district court’s summary judgment of invalidity of U.S. Patent Nos. 7,780,794, 7,985,302, and 8,206,514,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Functional Language Made Claims Indefinite

In Media Rights Technologies, Inc. v. Capital One Financial Corporation, [2014-1218] (September 4, 2015), the Federal Circuit affirmed judgment on the pleadings that all of the claims of U.S. Patent No. 7,316,033 were invalid…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

PGR Order Offers Insight Into Successful and Unsuccessful Discovery Requests

Parties to inter partes review and post grant review proceedings have continued to struggle to find the right formula in successfully navigating the PTAB’s requirements for a motion for additional discovery. In American…more
| Civil Procedure, Intellectual Property

Don’t Count on Avoiding a Redundancy Finding by Filing Multiple IPR Petitions

From the very outset of inter partes review proceedings, the Board has helped to manage its docket by rejecting challenge grounds in petitions that are redundant to other grounds in the petition. See Liberty Mutual Ins. Co. v…more
| Civil Procedure, Intellectual Property

A Defined Numerical Parameter Can Still Be Indefinite, If It’s Not Clear How to Measure It

In The Dow Chemical Co. v. Nova Chemicals Corporation (Canada), [2014-1431, 2014-1462] (August 28, 2015) the Federal Circuit applied the change of law exception to reject Dow’s bid for supplemental damages for infringements…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Avoid Saying Anything About the Prior Art Except How it Differs from the Claims

In Inline Plastics Corp. v. EasyPak, LLC, [2014-1305] August 27, 2015, the Federal Circuit vacated the district court’s claim construction of “frangible section” as being improperly limited to the preferred embodiment, and…more
| Civil Procedure, Intellectual Property

PTAB Finds Copyright Notice is Inadmissible Hearsay – Denies Petition for IPR

Different panels of the Patent Trial and Appeal Board have, for the most part, agreed with each other on many of the key issues that arise in inter partes review proceedings. There are, however, instances of disagreement and an…more
| Civil Procedure, Intellectual Property

First One Gets Away from Bass-Backed Group

Many in the pharmaceutical industry have been concerned about becoming a target of the Coalition for Affordable Drugs, the group backed by hedge fund manager Kyle Bass. But yesterday the first target of Bass’s strategy, Acorda…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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