Intellectual Property Rights - News Letter Issue No:2020--085
July 2020 Issue
1.Federal Circuit Rules Public Key Cryptography Algorithm Invalid Under 35 U.S.C. § 101
In a unanimous decision, the Federal Circuit has ruled U.S. Patent No. 4,405,829 invalid un- der 35 U.S.C. § 101, finding the claimed invention directed to an abstract idea. The '829 pa- tent, assigned to the Massachusetts Institute of Technology (MIT), was the brainchild of three of its professors, Ronald Rivest, Adi Shamir, and Leonard Adleman. Lauded in academic cir- cles as one of the first viable public-key cryptosystems and duly granted by the U.S. Patent and Trademark Office, the Court nonetheless found that the patent lacked an inventive con- cept necessary for More
2. ITC To Probe German-Made Eye Shot Imports For Infringement
The U.S. International Trade Commission is launching an investigation over German-made shots used to treat eye diseases, after receiving a complaint from Switzerland-based Novartis AG alleging the products violate one of its patents. More
3. Cywee Group Ltd. v. LG Electronics, Inc. et al
Third Original Complaint in CyWee Campaign Addresses Venue for Case Against a Foreign Corporation and Its US Subsidiaries May 31, 2017. CyWee Group Ltd., a British Virgin Islands entity affiliated with Industrial Technology Research Institute (ITRI), has added a third case to its sole litigation campaign, suing LG Electronics (LGE), together with two of its US subsidiaries in the Southern District of California (3:17-cv-01102). More
4. Apple Gets Uniloc's Communications Patent Axed At PTAB
The Patent Trial and Appeal Board on Monday invalidated a Uniloc communication system pa- tent challenged by Apple Inc., finding that the purported invention is obvious in light of an ear- lier patent and Bluetooth technology specifications. More
5. Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)
Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789. The District Court ruled that all three pa- tents were valid under 35 U.S.C. §§ 101 and 102, and infringed. The § 101 dispute was tried at the bench. NetScout appealed. More
6. Arthrex Files Certiorari Petition in Arthrex case
Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. gov- ernment and Smith & Nephew. (This is the later-decided case between the parties, and has as its hallmark the Federal Circuit's decision that Administrative Patent Judges (APJs) at the Pa- tent Trial and Appeal Board, or PTAB, were improperly appointed under the Appointments Clause because they are principal officers requiring Presidential appointment and Senate ap- proval). More
7. PTAB Axes Media Buffering Patent Claims After Fed. Circ. Remand
The Patent Trial and Appeal Board struck down part of an internet broadcasting service provid- er‟s patent on a buffering system for streaming media.The U.S. Court of Appeals for the Feder- al Circuit in August said the PTAB‟s decision to invalidate certain claims in WAG Acquisition LLC‟s patent rested on an incorrect interpretation of a particular term. The court remanded the case back to the board. More
8. Koss suing Apple over basic concept of wireless connection to headphones and speak- ers Koss is su-
ing Apple over the concept of wirelessly connecting to headphones or speakers, and is alleging that nearly all of Apple‟s current product lineup is in infringement of Koss-held patents.The suit was filed on July 22 in the U.S. district court in Waco, Texas. The 34-page lawsuit includes an 11-page section titled “Koss‟s Legacy of Audio Innovation,” in which they detail the company‟s 67-year history. Within this section, they highlight various engineering achievements, products created, and company benchmarks.Unlike many of the patent lawsuits Apple faces, Koss isn‟t a known patent troll, but rather a company that manufactures headphones, earbuds, and other audio accessories.In the suit, Koss is leveraging several of its patents, including U.S. Patent numbers. 10,206,025 („025), 10,469,934 („934), 10,491,982 („982), and 10,506,325 („325.) The-
se four patents generally describe wireless earphones that involve a transceiver circuit, ena- bling the device to stream audio from a digital audio player, computer, or wireless network. Koss argues that by selling AirPods, AirPods Pro, and wireless Beats by Dre products, Apple has damaged Koss irreparably by violating all four patents in part, or in whole. More
- Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020) Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261. The claim recites: More
10. Patent Case Summaries - July 2020
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. More
11. Patent Cases to Watch in 2020
All eyes will be on the U.S. Supreme Court as it decides whether to again address the conten- tious issue of patent eligibility, and the justices will also set guidelines on appeals of inter partes review decisions. Here, Law360 takes a look at those cases and others to watch in the coming year. More
12. Nike, Inc. v. Adidas AG (Fed. Cir. 2020)
post-grant review features of the Leahy-Smith America Invents Act continue to be explicated in the Federal Circuit (and of course, the Supreme Court). Most recently, the question be- fore the Federal Circuit in Nike, Inc. v. Adidas AG was whether the Patent Trial and Appeal Board (PTAB) complied with the due process provisions of the Administrative Procedures Act, finding that it did not, and remanding for further proceedings that did so comply. More
13. In re Boloro Global Ltd. (Fed. Cir. 2020)
Federal Circuit extended its holding in Arthrex, Inc. v. Smith & Nephew, Inc., that administrative patent judges ("APJs") were improperly appointed in violation of the Appointments Clause, to ex parte proceedings in In re Boloro Global Limited. More
14. Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation
The burden of proof was on Argentum to demonstrate standing. Argentum was pursuing a ge- neric version of Novartis‟ Gilenya® product, along with its partner KVK-Tech, Inc. They were in the process of filing an ANDA, but had not yet filed it. The ANDA would be filed by KVK. The Court indicated that KVK, not Argentum, may be at risk of being sued. However, “even if the lit- igation were personal to Argentum, it would not confer standing because it is merely conjectur- al.” More
15. In re Zunshine (Fed. Cir. 2020)
Federal Circuit affirmed the rejection by the Patent Trial and Appeal Board of claims 1-3 of U.S. Patent Application No. 15/726,162 as being patent ineligible under 35 U.S.C. § 101. The '162 application, which is entitled "An Iterative Process of Squeezing Excess Food out of Daily Food Intake to Achieve and Maintain Weight Loss Using Hunger as a Feedback Mechanism," is di- rected to a method for weight loss. The '162 application contains three independent claims, of which claim 1 is representative: More
16. Biogen loses patent dispute with Mylan, putting its top drug's future in doubt
Biogen faced two crucial questions. The biggest one is whether the Food and Drug Administra- tion would review, and ultimately approve, aducanumab despite the mixed results it has pro- duced in clinical testing. The other is whether a key patent covering Tecfidera, which generated
$4.4 billion of its $14.4 billion in 2019 sales, would remain secure. More
- IBSA Institut Biochimique v. Teva Pharmaceuticals USA, No. 19-2400 (Fed. Cir. 2020)
A Delaware federal judge rightly found that claims of a patent covering the thyroid drug Ti- rosint are invalid as indefinite, the Federal Circuit affirmed Friday in a win for Teva Pharma- ceuticals USA Inc. More
18. XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)
Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible in- vention from invalidation under the Supreme Court's imperfectly applied Alice Corp. v. CLS Bank Int'l (2014) test. More
19.Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)
In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself ap- parently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of patents licensed from the University of Texas (UT), when UT refused to join as a necessary party on sovereign immunity grounds. The Federal Circuit, in a fractured decision reminis- cent of the alignment of the judges in Amgen v Sandoz, remedied this situation in its decision last Fri- day in Gensetix, Inc. v. Board of Regents of the University of Texas System. More
20. Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)
in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality as well as the Board's authority. Judge O'Malley filed a dissenting opinion—nearly as long as the majority opinion—on both issues, which may signal that this case could be headed for rehearing. Judge O'Malley stated that as a result of the Court's de- cision, "when it comes to substitute claims, the Board can engage in full-blown examination." More
21. AbbVie sues Dr Reddy’s in US over cancer drug Venclexta patent
AbbVie Inc and its partner Genentech Inc have filed a case in the US District Court for the District of Delaware against Dr Reddy's Laboratories Ltd, alleging that the Hyderabad-based drug maker has infringed on the patent of cancer drug Venclexta, according to a legal document reviewed by Cogencis. Venclexta is used to treat chronic lymphocytic leukaemia and is available for use in 10- mg, 50-mg and 100-mg strength. AbbVie markets the drug with Genentech. According to AbbVie, Dr Reddy's has filed an application with the US Food and Drug Administration for approval of ge- neric version of Venclexta, violating its patent on the drug. Dr Reddy's notified AbbVie about its application with the US regulator on Jun 8. The drug has annual sales of around $96 mln, accord- ing to reports. More