Utility Patent

Federal Circuit, Utility Patent

Ironburg Inventions v. Valve Corp. — Federal Circuit Again Vacates IPR Estoppel for Insufficient Evidence and Hindsight Bias

The Federal Circuit reversed and remanded a district court’s IPR estoppel ruling for the second time, holding that a classification search returning 26,333 results cannot show a prior art reference was “reasonably discoverable,” and that Cardinal IP’s search evidence for a second invalidity ground was tainted by hindsight bias throughout.

Federal Circuit, Utility Patent

Ironburg Inventions v. Valve Corp. — Federal Circuit Tightens IPR Estoppel Standard, Reverses Both Invalidity Bars

In a precedential decision, the Federal Circuit reversed district court estoppel orders that had blocked Valve from using two prior-art grounds at trial, holding that classification searches returning 26,333 results do not establish discovery and that hindsight-infected forward citation searches cannot prove what a 2016 petitioner reasonably could have raised.

International Trade Commission, Utility Patent

In the Matter of Certain Motorized Self-Balancing Vehicles (ITC Inv. 337-TA-1440) — Commission to Review ALJ Infringement Finding Against GoTrax and Gyroor

The U.S. International Trade Commission announced it will review portions of the administrative law judge’s determination that GoTrax and Gyroor infringed Razor USA’s hoverboard patents, with a limited exclusion order and cease-and-desist orders recommended by the ALJ pending Commission review.

District Courts, Utility Patent

GlaxoSmithKline v. Pfizer/BioNTech and Moderna — Delaware Court Keeps Prosecution Laches Defense Alive in mRNA Vaccine Patent War

Judge Gregory Williams of the District of Delaware denied GlaxoSmithKline’s motions to dismiss prosecution laches defenses asserted by Pfizer/BioNTech and Moderna, finding the defendants plausibly alleged that GSK unreasonably delayed patent prosecution for over a decade and then broadened mRNA vaccine claims only after its rivals’ COVID vaccine technology became public.

District Courts, Utility Patent

MEMS Innovations LLC v. TDK Corporation — Court Dismisses Japanese Parent for Lack of Personal Jurisdiction in Piezoelectric Sensor Patent Case

Judge Jacqueline Scott Corley of the Northern District of California dismissed TDK Corporation of Japan from a piezoelectric MEMS patent infringement suit, holding that conclusory stream-of-commerce allegations were insufficient to establish personal jurisdiction and that plaintiff lacked a legitimate basis for naming the Japanese parent company as a defendant.

Federal Circuit, Utility Patent

DynaPass IP Holdings v. Bank of America — Federal Circuit Affirms Dismissal on Claim Construction of Two-Factor Authentication Patent

The Federal Circuit affirmed the dismissal of DynaPass’s infringement claim against Bank of America, holding that the claim term ‘receiving the password’ requires the user to submit a pre-combined passcode-and-token password — not submit the two components separately as BofA’s mobile banking app does.

District Courts, Utility Patent

Densys v. Align Technology & Medit — Dental Scanning Patents Survive Section 101 Challenge, but Willfulness and Indirect Infringement Claims Dismissed

The District of Delaware denied Align Technology’s bid to invalidate two intra-oral dental scanning patents under Section 101, finding the claims directed to specific technological improvements rather than abstract ideas, while dismissing willful and indirect infringement claims against both Align and Medit for failure to adequately plead pre-suit knowledge.

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