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.

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.

Right of Publicity, Third Circuit

Huckabee v. Meta — Third Circuit Revives CBD Fake-Ad Suit, Finding Plausible Constructive Knowledge of Fraud

The Third Circuit reversed dismissal of Mike Huckabee’s right-of-publicity suit against Meta over fake CBD endorsement ads, finding that three factors — Huckabee’s well-known opposition to cannabis, Meta’s history of hosting similar fake-celebrity ads, and a link to a fake Fox News site — plausibly established that Meta knew or should have known the ads were fraudulent.

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.

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.

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.

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.

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.

Supreme Court, Trade Secret, Federal

Tata Consultancy Services v. Computer Sciences Corp. — Supreme Court Declines to Review $168M Trade Secret Award

The Supreme Court declined to review a $168 million trade secret award against Tata Consultancy Services, leaving intact the Fifth Circuit’s judgment upholding $56 million in compensatory damages and $112 million in punitive damages for TCS’s theft of life-insurance software trade secrets from Computer Sciences Corporation.

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