Patents

News & Analysis as of

Federal Circuit Review (August 2014)

Post Grant Review of Patent Favors Stay of Litigation - In VIRTUALAGILITY INC. v. SALESFORCE.COM, INC., Appeal No. 14-1232, the Federal Circuit reversed the district court's denial of a motion to stay pending a post...more

Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review

In this patent infringement case, Plaintiff, CTP Innovations, LLC ("CTP") sued V.G. Reed and Sons, Inc. ("Reed") to stop Reed's alleged infringement of two United States patents, which pertain to systems and methods of...more

Will the USPTO Respond to Public Feedback of Its Eligibility Guidance?

Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process. Late last week, the Biotechnology, Chemical and Pharmaceutical Customer...more

Beware of the CIP—Parent Applications Can Be Prior Art

Companies file patent applications with the United States Patent and Trademark Office (USPTO) to protect promising innovations. Often, however, improvements, additional uses and refinements surface after filing a patent...more

Humira Patent Invalid for Obviousness Type Double Patenting

In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court’s finding that a second patent covering AbbVie’s Humira product is invalid under the doctrine of obviousness-type...more

Judge McMahon issues claim construction unconstrained by two courts’ prior constructions

Judge McMahon construed terms of U.S. Patent No. 7,346,156 (“Methods and apparatuses for placing a telephone call”). The patent had previously been construed in Stanacard, LLC v. Rebtel Networks, AB, 680 F. Supp. 2d 483...more

H-W Technology, L.C. v. Overstock.com, Inc. (Fed. Cir. 2014)

Proofread your claims before you sue! - Even obvious clerical errors in patent claims can doom your lawsuit if not corrected before suit is filed. This was evident in H-W Technology, L.C. v. Overstock.com, Inc.,...more

Security Interests in Intellectual Property and Related Issues in Bankruptcy

Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit. For example, a company that borrows money from a bank can pledge its patents as collateral for the loan. The bank (referred...more

Court Excludes Plaintiff's Experts Where Experts Failed to Comply with Rule 26 Disclosures

In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff's experts on infringement and damages. The district...more

You Need to Show Commercial Success, In Order to Discover Evidence of Commercial Success

In Riverbed Technology, Inc. v. Silver Peak Systems, Inc., IPR2014-00245, Paper 19, 2014 (August 22, 2014), the Board patent owner’s motion for additional discovery because it was persuaded that patent owner has shown, beyond...more

The Board and Secondary Considerations

Commercial Success - In Riverbed Technology, Inc. v. Silver Peak Systems, Inc., IPR2014-00245, Paper 19 (August 22, 2014) the Board explained; Commercial success typically is shown with evidence of “significant...more

China Grants First Patents to Graphical User Interface Designs

The State Intellectual Property Office (SIPO) of China has issued the first four design patents protecting graphical user interfaces (GUIs). The patents issued were filed by Beijing Qiyi Century Science & Technology Co.,LTD.,...more

Court Report - August 2014 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aptalis Pharmatech Inc. et al. v. Apotex Inc. et al. 1:14-cv-01038; filed August 11, 2014 in the District Court of...more

Double Check Your Exhibits

In Schott Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper 21 (August 21, 2014), the patent owner pointed out that rather than uploading the expert declaration, the petitioner uploaded a different...more

IP Buzz - Post Grant Practice - August 2014

In this issue: - IPR Spotlight Series: Strategically Using Requests for Joinder in IPR - Lessons Learned From the First Successful Motion to Amend in an Inter Partes Review - Reaching a Milestone: Filing...more

PTO post-grant review: Patent issuance is not end of the line

So, you find yourself a defendant in a patent infringement suit. Some patent holder has filed a lawsuit claiming that your company is infringing on their patented technology. The patent holder threatens to shut your business...more

§ 325(d) Used by the Board to Deny Petitions for Inter Partes Review

We wrote last week about the Board’s willingness to come to a different conclusion than that of the original patent examiner on the adequacy of a 131 declaration. Further, we have discussed in the past how the Board has been...more

Final office action rejecting claim sufficient to support stay pending appeal

In 2013, a jury found the four defendants liable for infringement of U.S. Patent No. 5,841,146 (“Reflector”). The defendants appealed to the Federal Circuit and filed for a reexamination of the patent. In the instant action,...more

Supreme Court Issues Decision in Alice Corp. v. CLS Bank

There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more

IP Newsflash - August 2014 #4

DISTRICT COURT CASES - Showing of a Substantial Case of Irreparable Harm to Losing Plaintiff Justifies Injunction Against Defendant During Appeal - Following a bench trial, but before the court issued a...more

Are Permanent Injunctions in Patent Cases Back in Style?

Two recent district court decisions out of the District of Delaware have again placed the spotlight on permanent injunctions in patent cases. Prior to 2006, there was a longstanding general rule that courts would issue...more

Patent Fillings for August 23, 2014

New Filings - SMART Modular Technologies Inc. filed IPR2014-01369 challenging U.S. Patent No. 8,516,185 assigned to DBD Credit Funding LLC. SMART Modular Technologies Inc. filed IPR2014-01370 challenging U.S. Patent...more

Patent Dispositions for August 22, 2014

Dispositions - In Zodiac Pool Systems, Inc. v. Aqua Products, Inc., IPR2013-00159, Paper 71 (August 22, 2012), the Board held that claims 1–9, 13, 14, 16, and 19–21 of U.S. Patent No. 8,273,183 are unpatentable, and...more

IPR Spotlight Series: Strategically Using Requests for Joinder in IPR

Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and...more

Reaching a Milestone: Filing of the First Ever Petition for a Post-Grant Review

On August 5, 2014, a milestone was reached for AIA trials. For the first time, a petition for a Post Grant Review (PGR) was filed. As was the case with the first covered business method review, the first PGR will likely be...more

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