Substantial evidence supported a Patent Trial and Appeal Board (PTAB) decision finding the challenged claims were obvious. A PTAB decision finding that Sony Interactive Entertainment had shown that a Bot M8’s patent directed to a video game authentication system was obvious over prior art has been affirmed by the U.S. Court of Appeals for the…
There was no error in an inter partes review decision finding obviousness in a communication system patent because the board properly relied on materials in the record in its claim construction and obviousness analysis. An inventor of a communication system failed to show any error in an IPR proceeding which found his invention obvious, the U.S. Court…
The combination of two well-known high blood pressure medicines did not result in unexpected patient benefits. The U.S. Court of Appeals for the Federal Circuit has upheld a decision by the Patent Trial and Appeal Board denying as obvious over prior art an application to patent a method of co-administering two well-known antihypertensive agents to…
The Patent Trial and Appeal Board (PTAB) did not err by declining to consider a patentee’s claim construction arguments raised for the first time at oral argument. The holder of a patent for retail point-of-sale of cards allowing a purchaser to download specified content from the internet was not entitled to reversal of a PTAB…
The start of the Unitary Patent system ‘is a big event with big economic consequence. Europe could reconstitute their economic relevance’ around it, says John White, Special Counsel of law firm Harness IP in the US. In an interview he told Kluwer IP Law not everybody seems aware yet about the upcoming game changer, but…
Because prior art described a method that could execute an application on one computer server, it should have been obvious that the method could be applied to multiple servers. The Patent Trial and Appeal Board erred when it found that several claims of a patent describing the remote application of a computer application were not…
The claimed methods of filtering, highlighting, and selecting portions of maps or other visual information for display had long been done by hand, and the claims failed to describe specific technological improvements making them patent-eligible. Two IBM software patents related to graphical display technology were invalid for claiming ineligible subject matter under 35 U.S.C. §…
The U.S. Federal Rules of Civil Procedure allow parties to obtain discovery regarding any matter that is relevant to a party’s claim or defense. One important caveat to this general principle is that attorney-client communications and work product are privileged and protected from discovery. Generally speaking, when a party divulges privileged information to a third…
Expanding on its 2016 Cuozzo decision, the U.S. Supreme Court holds that the “no appeal” provision of 35 U.S.C. § 314(d) precludes judicial review of the agency’s application of Section 315(b)’s time bar. In a 7-2 decision, the U.S. Supreme Court has held that Section 314(d) of the Patent Act precludes judicial review of the…
Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support. A divided Federal Circuit panel has reconsidered and reversed a prior decision finding that a patent owned by Novatis for administering a drug to treat relapse multiple sclerosis was not invalid for lack of…
