In finding that all of the claims of Cutsforth’s U.S. Patent No. 7,990,018 (“the ’018 patent”) were obvious in light of the prior art, the Patent Trial and Appeal Board erred in failing to explain its reasoning, the U.S. Court of Appeals for the Federal Circuit has decided (Cutsforth, Inc. v. MotivePower, Inc., January 22,…

The Patent Trial and Appeal Board did not err in affirming the rejection of several claims of a patent application directed to a method of enzymatic hydrolysis of soy fiber suitable as a food additive on the ground of obviousness, the U.S. Court of Appeals for the Federal Circuit has determined (In re Urbanski, January…

In a patent infringement suit that Unwired Planet brought against Apple and Research in Motion—for the infringement of three patents on a data communications network that included communications between a mobile device and a network server—a federal district court properly construed the claim term “mobile device” as “a portable wireless two-way communication device that does…

In awarding plaintiff Commonwealth Scientific and Industrial Research Organisation (“CSIRO”) $16,243,067 in damages for Cisco Systems’ (“Cisco’s”) infringement of CSIRO’s U.S. Patent No. 5,487,069 (“’069 patent”), the federal district court in Tyler, Texas, erred by not accounting for the ’069 patent’s standard-essential status and in its reasoning for discounting a relevant license agreement, the U.S….

For bringing a “frivolous” appeal of a district court’s claim construction order in a patent dispute over a portable camera convertible support device, AdjustaCam, LLC, has been ordered by the U.S. Court of Appeals for the Federal Circuit to pay Newegg, Inc., Newegg.com, Inc., and Rosewill, Inc. (collectively, “Newegg”) their attorney fees, expenses, and costs…

The countdown to the new Unitary Patent system has begun. The Unified Patent Court is expected to open its doors at the start of 2017, preceded by a provisional phase in 2016 for the practical set up of the Court and the recruitment of judges and staff. Not only European patent specialists are preparing, companies…

A patent holder’s application to reissue his patent with altered, broader claims was properly rejected by a patent examiner and the U.S. Patent and Trademark Office Patent Trial and Appeal Board based on the anticipation of the claims by prior art, according to the U.S. Court of Appeals for the Federal Circuit (In re Taylor,…

Astornet Technologies—the licensee of a method patent for securing “vehicular gate entries” at airports—could not sue three government contractors that allegedly induced or contributed to the direct infringement of the asserted patent by the Transportation Security Administration (TSA), the U.S. Court of Appeals for the Federal Circuit has ruled (Astornet Technologies Inc. v. BAE Systems,…

Since February 2015, hedge fund manager Kyle Bass has filed more than 30 petitions seeking Inter Partes review of U.S. patents covering approved pharmaceutical products. Kyle Bass even formed a special entity for this purpose–the Coalition for Affordable Drugs–with a stated goal of targeting patents that “have little value other than to drive up prescription…

An inventor and holder of a patent for a “smokeless pipe” could not pursue a lawsuit against the United States in the Court of Federal Claims based on allegations that various private persons had infringed his patent, the U.S. Court of Appeals for the Federal Circuit has held. The inventor identified no law that permitted…