admin
August 19, 2019
Westech Aerosol Corporation v. 3M Company, et al.
Westech appealed the decision of the district court for the Western District of Washington granting 3M’s motion to dismiss for improper venue. Considering the Supreme Court’s ruling in TC Heartland, 137 S.Ct. 1514 (2017), 3M moved to amend its motion to dismiss to include an argument that venue was improper because 3M did not have a regular and established place of business in the judicial district.
admin
July 19, 2019
TQ Delta, LLC v. Dish Network LLC
TQ Delta appealed a Final Written Decision (FWD) of the PTAB finding, inter alia, that claims 6, 11, 16 and 20 of TQ Delta’s U.S. Patent No. 8,611,404 (“the ‘404 patent”) were unpatentable as obvious. The ‘404 patent relates to the field of multicarrier transmission systems which provide high speed data links between communication points [and have recently been used] … for communications over the local subscriber loop that connects a telephone service subscriber to a central telephone office. The invention is described in the context of an ADSL system having a first transceiver located at the site of a customer’s premises as well as a second transceiver located at a local central telephone office.
admin
July 19, 2019
Cisco Systems, Inc. v. TQ Delta, LLC
This appeal is companion to appeal No. 2018-1799, wherein four claims of U.S. Patent No. 8,611,404 (“the ’404 patent”) were held to be obvious over the same combination of prior art analyzed in this appeal. In this appeal, the appellants challenged the PTAB’s interpretation of the remaining claims of the ‘404 patent. The court agreed with the appellants and vacated the PTAB’s holding, remanding the case.
admin
June 22, 2019
Bradium Technologies v Iancu
Microsoft Corporation (“Microsoft”) petitioned the Patent Trial and Appeal Board (“the Board”) for inter partes review of claims of U.S. Patent Nos. 7,908,343 and 8,924,506 (the “Patents”). The Federal Circuit affirmed the Board’s finding that the claims were unpatentable as obvious. After Bradium Technologies LLC (“Bradium”) appealed, Bradium and Microsoft settled their dispute.
admin
June 21, 2019
AVX Corp v. Presidio Components
Presidio makes ceramic capacitors having a “buried metallization” in the dielectric layer. AVX petitioned the PTO for an inter partes review (IPR) of all claims of Presidio’s patent. The Board held some claims unpatentable and that AVX has failed to establish unpatentability of the other claims. AVX appealed as to the upheld claims. Presidio responded to AVX on the merits but also argued that although AVX had a statutory right to appeal, it lacked the standing required by Article III of the Constitution. AVX had standing to file the IPR petition because Article III requirements do not apply to administrative agencies.
admin
May 22, 2019
ATI Technologies ULC v. Iancu
ATI Technologies ULC (“ATI”) appeals three final decisions of the Patent Trial and Appeal Board (“PTAB” or “Board”) on petitions for inter partes review filed by LG Electronics, Inc. (“LGE”). The Board held all but one of the challenged claims unpatentable as anticipated or obvious. LGE withdrew from its appeal and cross-appeal, and the PTO Director intervened in support of the PTAB decisions.
admin
April 22, 2019
TEK Global, S.R.L., TEK Corporation v. Sealant Systems International, Inc., ITW Global Tire Repair No. 2017-2507 Fed. Cir. April 2, 2019 Before Chief Judge Prost, with Circuit Judges Dyk and Wallach. The patent in suit is directed to an emergency kit for repairing vehicle tires deflated by puncture. The Court held that Appellant should not […]
admin
April 22, 2019
Forest Laboratories, LLC, et al. v. Sigmapharm Laboratories, LLC., et al. Nos. 2017-2369, etc. Fed. Cir. March 14, 2019 Before Chief Judge Prost, with Circuit Judges Dyk and Moore. Opinion by Circuit Judge Moore. Sigmapharm filed an Abbreviated New Drug Application seeking to market generic versions of Saphris, a sublingually administered, atypical antipsychotic containing asenapine […]
admin
March 22, 2019
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board Personal Web Technologies, LLC v. Apple, Inc. No. 2018-1599 Fed. Cir. March 8, 2019 Before Circuit Judges Moore, Taranto, and Chen. Opinion by Circuit Judge Chen. The Court reversed the Board’s determination that certain claims of U.S. Patent No. 7,802,310 were […]
admin
February 22, 2019
Patent and Trademark Appeal Case Summary Duncan Parking Technologies, Inc. v. IPS Group, Inc. No. 2018-1205 Federal Circuit Judges Lourie, Dyk, and Taranto. IPS Group Inc. (“IPS”) appealed from two district court decisions granting summary judgment of noninfringement of U.S. Patents 8,595,054 (“the ’054 patent”) and 7,854,310 (“the ’310 patent). Duncan Parking Technologies Inc. (“DPT”) […]
