Whirlpool files lawsuit in Eastern Texas alleging infringement of 10 million series patent
Patent Law Practice Center
by Gene Quinn
3y ago
U.S. Patent No. 10,000,000 just issued June 19, 2018, and within a matter of days a patent in the 10 million series was already being enforced. On July 3, 2018, the day the patent issued, Whirlpool Corporation filed a patent infringement lawsuit in the United States Federal District Court for the Eastern District of Texas. Despite those who claim that only patent trolls file lawsuits in the Eastern District of Texas, it is Whirlpool Corporation that has brought a patent infringement lawsuit seeking to enforce U.S. Patent No. 10,010,820, which relates to a water filtration system, against ..read more
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Federal Circuit says PTAB too narrowly interpreted case law regarding prior art publications in GoPro
Patent Law Practice Center
by Gene Quinn
3y ago
On Friday, July 27th, the Court of Appeals for the Federal Circuit issued a precedential opinion in GoPro, Inc. v. Contour IP Holdings, vacating a final written decision coming from the Patent Trial and Appeal Board (PTAB) that had upheld patent claims in the face of a validity challenge petitioned by action camera company GoPro. The Federal Circuit panel of Circuit Judges Jimmie Reyna (author of the opinion), Evan Wallach and Todd Hughes found that the PTAB had erred in finding that a 2009 GoPro catalog did not qualify as a prior art printed publication for rendering the challenged claims inv ..read more
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Hatch files Amendment to Fix IPRs for Pharma
Patent Law Practice Center
by Gene Quinn
3y ago
Senator Orrin Hatch (R-UT), co-author of the Hatch-Waxman Act, filed an amendment in the Senate Judiciary Committee to address what many characterize as abusive inter partes review (IPR) filings relating to brand name pharmaceuticals. According to Senator Hatch, his amendment is intended to fix IPRs and restore the careful balance the Hatch-Waxman Act struck to incentivize generic drug development. The Hatch-Waxman Act encourages generic drug manufacturers to challenge patents of brand name drugs by filing Abbreviated New Drug Applications with the Food and Drug Administration, which can and t ..read more
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Supreme Court rules patent owners can recover lost foreign profits
Patent Law Practice Center
by Gene Quinn
3y ago
At the end of the recent Supreme Court term, the Court  issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner may recover lost foreign profits for infringement under 35 U. S. C. 271(f)(2).  The question decided, as set forth in the opinion by Justice Thomas, writing for the majority, was: “The question in this case is whether these statutes allow the patent owner to recover for lost foreign profits.” Thomas simply answered the question in the opening paragraph saying: “We hold that they do.” The dispute between WesternGeco, a ..read more
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Federal Circuit confirms validity of patent for UCB’s Vimpat®
Patent Law Practice Center
by Gene Quinn
3y ago
On May 23, 2018, the Federal Circuit issued a decision in UCB, Inc. v. Accord Healthcare, Inc. (Before Prost, C.J., Bryson, and Stoll, J.)(Opinion for the court, Stoll, J.), a case arising under the Hatch-Waxman Act. The Appellees UCB, Inc. et al own and/or license U.S. Patent No. RE38,551., titled Anticonvulsant enantiomeric amino acid derivatives. The ‘551 patent covers lacosamide, an anti-epileptic drug for the treatment of epilepsy and other central nervous system disorders. UCB holds New Drug Applications (“NDAs”) that cover its lacosamide anti-epileptic drug approved by the Food and ..read more
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Apple, Samsung Settle Patent Litigation
Patent Law Practice Center
by Gene Quinn
3y ago
On June 27, 2018, Apple and Samsung settled their patent dispute. A dismissal filed in Delaware ended a small chapter of the Apple/Samsung patent war. The docket in that case included only 18 items and the case had been stayed since August 2011 after Samsung brought patent infringement claims against Apple to the U.S. International Trade Commission. The dismissal terminating the Northern California case ended the much more contentious portion of the patent battle between these two companies. The dismissal is the penultimate filing in that case which involved a total of 3,956 docket entrie ..read more
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USAA Asserts Mobile Check Deposit Patents Against Wells Fargo
Patent Law Practice Center
by Gene Quinn
3y ago
On June 7th, San Antonio, TX-based reciprocal inter-insurance exchange United Services Automobile Association (USAA) filed a lawsuit alleging claims of patent infringement against San Francisco, CA-based financial services multinational Wells Fargo. The complaint, filed in the Eastern District of Texas, involves the assertion of patents in the field of mobile financial services which, at first glance, appear as though they may face some rigorous validity challenges thanks to precedent set by the U.S. Supreme Court in its 2014 decision in Alice Corp. v. CLS Bank International. USAA is asserting ..read more
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PTO Proposes to Eliminate BRI at PTAB
Patent Law Practice Center
by Gene Quinn
3y ago
The USPTO recently announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (“BRI”) standard for construing unexpired and proposed amended patent claims in PTAB proceedings under the America Invents Act and instead would use the Phillips claim construction standard. The new standard proposed by the USPTO is the same as the standard applied in Article III federal courts and International Trade Commission (“ITC”) proceedings, a change critics of the PTAB process have urged for many years in order to bring uniformity to post grant challenges ..read more
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PTAB Fails to Consider Arguments in Reply Brief
Patent Law Practice Center
by Gene Quinn
3y ago
On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial and Appeal Board (PTAB) that affirmed a patent examiner’s obviousness rejection of a microwave vacuum-drying apparatus and associated method. The Federal Circuit panel consisting of Judges Alan Lourie, Jimmie Reyna and Raymond Chen determined that the PTAB erred in not considering arguments offered in the patent applicant’s reply brief, which were properly made in response to the examiner’s answer. In September 2014, the examiner issued a final reje ..read more
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Supreme Court says IPR is constitutional
Patent Law Practice Center
by Gene Quinn
3y ago
On the morning of Tuesday, April 24th, the U.S. Supreme Court issued a decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC  that upheld the constitutionality of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). The Supreme Court applied the public rights doctrine to the government’s grant of a patent, finding that patent validity trials need not take place in an Article III court nor did they violate the Seventh Amendment, which ensures a person’s right to a jury trial. The majority opinion was authored by Justice ..read more
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