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September 19, 2019
The Toro Company sought inter partes review before the Patent Trial and Appeal Board. The Board held the challenged claims obvious under 35 U.S.C. § 103. Critical to its decision, the Board determined that the claim term “mechanical control assembly . . . configured to [perform certain functions]” is not a means-plus-function term subject to 35 U.S.C. § 112, ¶ 6. MTD Products Inc. appealed.
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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.
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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.
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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.
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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”) […]
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January 22, 2019
In re: Marco Guldenaar Holding B.V. No. 2017-2465 Fed. Cir. Dec. 28, 2018 Before Circuit Judges Chen, Mayer, and Bryson. Opinion by Circuit Judge Chen. Concurring opinion by Circuit Judge Mayer. This case came before the Court on appeal from the decision of the Patent Trial and Appeal Board (Board) affirming the rejection of claims under 35 U.S.C. § […]
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December 22, 2018
ACCELERATION BAY, LLC, Appellant v. ACTIVISION BLIZZARD INC., ELECTRONIC ARTS INC., TAKE-TWO INTERACTIVE SOFTWARE, INC., 2K SPORTS, INC., ROCKSTAR GAMES, INC.,Cross-Appellants BUNGIE, INC., Appellee Nos. 2017-2084, 2017-2085, 2017-2095, 2017-2096, 2017- 2097, 2017-2098, 2017-2099, 2017-2117, 2017-2118 Fed. Cir. Nov. 6, 2018 Opinion by Circuit Judge Moore with Chief Judge Prost and Circuit Judge Reyna. Blizzard filed […]
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November 22, 2018
Natural Alternatives International v. Iancu No. 2017-1962 Fed. Cir. Oct. 1, 2018 Opinion by Chief Judge Prost with Circuit Judges Moore and Reyna. Natural Alternatives International, Inc. (“NAI”) filed a chain of eight U.S. patent applications, with each claiming priority under 35 U.S.C. § 120 back to the filing date of the first application. The […]
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October 22, 2018
REGENTS OF THE UNIVERSITY OF CALIFORNIA, UNIVERSITY OF VIENNA, EMMANUELLE CHARPENTIER, Appellants v. BROAD INSTITUTE, INC., MASSACHUSETTS INSTITUTE OF TECHNOLOGY, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Appellees No. 2017-1907 Fed. Cir. Sept. 10, 2018 Opinion by Circuit Judge Moore with Chief Judge Prost and Circuit Judge Schall. This is an appeal from a decision of the […]
