Three PTAB decisions were decided by APJs invalidly appointed, but two Circuit Judges would find the defect wholly cured by Federal Circuit’s recent Arthrex decision. The U.S. Court of Appeals for the Federal Circuit has vacated three Patent Trial and Appeal Board decisions following inter partes review of three patents on the ground that patent…

A jury’s verdict that snowmobile frame patents asserted against Arctic Cat were indefinite and invalid as anticipated or obvious was supported by substantial evidence. A federal district court correctly upheld a jury verdict invalidating two Bombardier Recreational Products Inc. snowmobile frame patents because substantial evidence supported the jury’s findings that Bombardier’s patent related to rider…

The Board properly found that a person skilled in the art would not be motivated to combine two prior art references and that industry praise supported a finding of nonbviousness. Substantial evidence supported the Patent Trial and Appeal Board’s determination following inter partes review that a patent owned by Frymaster LLC for measuring cooking oil…

The PTAB improperly found that the patent is unpatentable in view of the prior art. Concluding that the Patent Trial and Appeal Board improperly construed certain claims in a patent for memory system circuits owned by Innovative Memory Systems, Inc. in an inter partes review filed by Micron Technology, Inc., the U.S. Court of Appeals…

Board’s obviousness finding was predicated on erroneous finding that claim term “mechanical control assembly” was not a means-plus-function term. The Patent Trial and Appeal Board erred in finding that the term “mechanical control assembly” used in two independent claims of a patent directed to a steering and driving system for zero turn radius vehicles had…

Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in the United States have started exploring other constitutional challenges to these PTAB proceedings.  Some patent owners have said that the PTAB violated their due…

44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States allege that Defendant Teva consistently and systematically,…

Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was therefore likely a trade secret, the…

In a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent), and 8,032,278 (’278 patent), the federal district court in Orlando’s judgment of no invalidity of the asserted claims was affirmed, the U.S. Court of Appeals for the…

A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed. Case date: 29 March 2019 Case number: No. 17-2507 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published…