Utility Patent

Federal Circuit, Utility Patent

Google LLC v. Parus Holdings — Federal Circuit Vacates IPR Decision, Faults PTAB for Analyzing Prior Art in Isolation and for Secret Claim Construction

The Federal Circuit vacated a PTAB decision upholding Parus Holdings’ voice-browsing patent against Google’s IPR challenge, holding that the Board improperly analyzed prior art in isolation rather than in combination, secretly construed a claim term without notice to Google, and failed to explain its inconsistency with earlier IPR rulings on related Parus patents.

Federal Circuit, Utility Patent

Ridge Corp. v. Kirk NationaLease — Federal Circuit Reverses Preliminary Injunction, Finding Substantial Non-Infringement Questions on Three Patent Claim Limitations

The Federal Circuit reversed a preliminary injunction in a patent dispute over insulated truck cargo doors, holding that the accused ‘sandwich’ panel door raised substantial questions of non-infringement under three separate claim limitations and that the patentee failed to show irreparable harm.

District Courts, Utility Patent

Valjakka v. Netflix — Judge Awards $3M Attorney Fees After Finnish Inventor Concealed Foreign Court’s Patent Ownership Ruling

A Northern District of California judge awarded Netflix $3 million in attorney fees after finding that plaintiff Lauri Valjakka and his counsel committed fraud by asserting ownership of U.S. Patent No. 8,495,167 while concealing a Finnish court’s prior determination that Valjakka did not own the patent — rendering the entire suit objectively baseless from its inception.

PTAB, Utility Patent

ResMed Corp. v. Cleveland Medical Devices — PTAB Issues Split Decision, Invalidating One Sleep Apnea Patent and Upholding Another

The Patent Trial and Appeal Board issued a split final written decision in a pair of inter partes review proceedings filed by ResMed Corp., finding one Cleveland Medical Devices sleep apnea treatment patent unpatentable while upholding claims in a closely related companion patent, illustrating the all-or-nothing stakes of IPR litigation on patent families.

International Trade Commission, Utility Patent

Seer, Inc. v. Nanomics Biotechnology — ITC Opens Section 337 Patent Investigation into Chinese AI Proteomics Instruments

The U.S. International Trade Commission instituted Investigation No. 337-TA-1508 on a complaint by Seer, Inc. and Brigham and Women’s Hospital against Chinese proteomics company Nanomics Biotechnology, alleging infringement of patents covering AI-enabled protein analysis systems and seeking an exclusion order on Nanomics’ imports.

UK Courts, Utility Patent

Warner Bros. Discovery v. Nokia — UK Court Orders Interim RAND Payments for Streaming Video Codec Patents

Mr. Justice Meade ordered Warner Bros. Discovery and Paramount to make interim RAND payments to Nokia for video streaming codec standard-essential patents, finding that the Nokia Lump Sum Offer was the most credible interim payment benchmark, while discounting Nokia’s claim to full royalties going back to 2011 due to its late-arriving licensing programme.

Federal Circuit, Utility Patent

PACT XPP Schweiz AG v. Intel — Federal Circuit Affirms Noninfringement on Forfeited Argument and Prosecution Estoppel

The Federal Circuit affirmed Intel’s summary judgment win, finding PACT XPP forfeited its capability-based infringement theory on the ‘301 patent and that prosecution statements during ex parte reexamination narrowed the ‘593 patent’s ‘physically dedicated connection’ claim to exclude Intel’s shared-bus architecture.

Fourth Circuit, Utility Patent

Vir2us v. Sophos — Fourth Circuit: Shared Source Code Alone Does Not Make Post-Acquisition Products ‘Derivations’ Under Patent License

The Fourth Circuit affirmed that Sophos’s post-acquisition antivirus products were not “derivations” of the named containerization products in a 2016 patent license agreement, even though they shared some common source code, because the shared code was inactive in the original products and the newer products did not originate from them.

Federal Circuit, Utility Patent

Enanta Pharmaceuticals v. Pfizer — Federal Circuit Kills Paxlovid Patent Over Single-Carbon Priority Gap

The Federal Circuit affirmed invalidation of Enanta’s Paxlovid-related patent because its 2020 provisional application disclosed ‘C2’ alkyl groups while the issued patent claimed ‘C1,’ a difference of one carbon atom that broke the priority chain and exposed the claims to anticipation by Pfizer’s prior disclosure of nirmatrelvir.

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