Posts in Patent Litigation


Samsung Galaxy Smartphones Targeted in Infringement Case Over Secure Device Authentication Patents

Texas-based patent owner PACid Technologies filed a complaint alleging patent infringement committed by South Korean consumer electronics giant Samsung (KRX:005930). The case, filed in the Eastern District …
By Steve Brachmann
5 days ago 0

Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination

In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
7 days ago 3

Issue Preclusion, PTAB, and the Split Federal Circuit: Knowles Electronics v. Cirrus Logic

Under the status quo, neither the patentee nor the public is able to rely on judicial determination of an issue that might later be taken to the …

Spotify, SoundCloud and Deezer Music Apps Sued for Infringing Music Organizer and Entertainment Center Patent

Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud …
By Steve Brachmann
10 days ago 1

VirnetX Awarded $502.6 Million in Fourth Jury Trial against Apple

On Tuesday, April 10, 2018, a federal jury in Eastern District of Texas awarded VirnetX Holding Corp. (VHC) with a $502.6 million verdict against Apple Inc. finding that Apple was …
By Rahul Vijh
11 days ago 0

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …

The Federal Circuit’s Approach to the Infringement Analysis in Hatch-Waxman Cases

35 U.S.C. § 271(e)(2) provides that it shall be an act of infringement to submit an Abbreviated New Drug Application (“ANDA”) “if the purpose of such submission …
By Theodore Chiacchio
19 days ago 3

Doubling Down on Double Adjudication – the MerchSource post-issuance review model

Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
By Melissa Brand & Hans Sauer
20 days ago 6

Match Group Sues Bumble Over Patents, Alleges Former Tinder Employees Misappropriated Trade Secrets

Dallas, TX-based online dating app developer Match Group filed a suit in the Western District of Texas alleging claims of utility and design patent infringement, trademark infringement, …
By Steve Brachmann & Gene Quinn
26 days ago 4

Federal Circuit applies collateral estoppel where prior IPR previously construed related claim

Collateral estoppel is not limited to identical patent claims or claims within a single patent and may preclude a contradictory construction of a claim term already construed …

Federal Circuit Affirmed Obviousness of ‘435 Patent Claims

The broadest reasonable construction of “sterilant concentration levels” encompassed both the “gas laden” (or “in air”) sterilant levels and the residual sterilant levels. Nothing in the specification …

BRI does not allow unfettered license to disregard inventor’s description of the invention

The Court took issue with the PTO’s construction of “coupled.” While the “broadest reasonable interpretation” applies at the PTO, that interpretation must be consistent with the …

PCT Species Claim Sufficient to Support Priority Claim of Later-filed Genus Claim

The issue was whether the PCT, which disclosed a “connection to fibre optics bundle which provides for lighting” was a sufficient written description to support the “light …

PTAB Not Required to Consider New Evidence or Arguments at Oral Argument

The Board is not compelled by Federal Circuit precedent or PTO guidelines to consider arguments and evidence presented for the first time during oral argument. However, if …