06/28/2016

Written By: John Kirkpatrick

Indacon sued Facebook for infringing U.S. Patent No. 6,834,276 (hereinafter the “’276 patent”), directed to “searching, indexing, perusing, and manipulating files in a database … through the insertion of automatically generated hyperlinks.”  Indacon at *2.  Appealing a finding of noninfringement by the district court, Indacon disputed the construction of the claim terms “alias,” “custom link,” “custom linking relationship,” and “link term.”  As no extrinsic evidence was introduced, the Federal Circuit reviewed, de novo, the specification and the prosecution history to determine the correct construction.

06/14/2016

Written By: Roland Casillas
      Web and Blog Editor

Patent No. U.S. 5,527,039 A

Golf Swing Training Aid

Inventors: Claude A. Levesque

06/07/2016

Written By: David Youngkin

In In Re: Gregory E. Urbanski, Kevin W. Lang the Federal Circuit upheld the decision of the USPTO Patent Trial and Appeal Board (Board) finding the claims of the application obvious.  Urbanski’s application at issue was U.S. 11/170,614, entitled “Protein and Fiber Hydrolysates”, and was directed to a method of enzymatic hydrolysis of soy fiber.  Relevant to the appeal was claim 43 which required “that the soy fiber and enzyme be mixed in water for 60 to 120 minutes”.

05/26/2016

Written By: John Kirkpatrick

Redline instituted an inter partes review (IPR) to show that claims 9 and 10 of U.S. Patent No. 6,526,808 (the ’808 patent), owned by Star, would have been obvious.  Redline did not include expert testimony to support its grounds in its IPR petition.  Upon institution of the IPR on two of the twelve grounds proposed in Redline’s petition, Redline submitted a motion for supplemental disclosure including expert testimony pursuant to 37 C.F.R. § 42.123(a), which allows for supplemental information “relevant to a claim for which the trial has been instituted” to be submitted “with-in one month of the date the trial is instituted.”  The USPTO PTAB denied Redline’s motion finding that the supplemental information could have been submitted with Redline’s petition and did not comply with the PTAB’s “statutory mandate for economy, integrity, efficient administration, and timely consideration of IPRs.”  Redline at *14.  The PTAB then rejected the grounds, noting that Redline “did not rely on an expert declaration in support of its position.” Id. at *12.  While Redline admitted that it intentionally delayed filing the expert information because submitting information for two grounds is less of a burden than submitting information for twelve grounds, Redline, on appeal, argued that the PTAB must allow the motion as long as the timeliness and relevance requirements of §42.123(a) are met.

05/02/2016

Written By: Roland Casillas
              Web and Blog Editor

Patent No. U.S. 5,742,942 A

Golf Glove having Club-Gripping Strap

Inventors: Philip K. Sykes

04/19/2016

 

Written By: Roland Casillas
      Web and Blog Editor

Patent No. U.S. 3,532,344 A

Golf club and glove including coacting non-slip elements and grip positioning means

Inventors: Benjamin Masstab

04/11/2016

Written By: Roland Casillas
      Web and Blog Editor

Patent No. U.S. 2,258,999 A

Golf Player’s Glove

Inventors: Edward S Nunn
04/06/2016

Written By: John Kirkpatrick

Wi-LAN sued Apple alleging infringement of U.S. Patent No. RE37,802 (the ’802 patent) concerning a wireless data communication technique.  The jury found no infringement and that the infringing claims were invalid as anticipated by prior art that disclosed a randomizer using real multipliers.  The district court denied Wi-LAN’s motion for judgment as a matter of law and for a new trial regarding infringement, but overruled the jury’s verdict regarding invalidity by ruling that the ’802 patent required complex multipliers.  Wi-LAN appealed the denial of JMOL and its motion for a new trial.  Apple appealed the district court’s ruling of validity.

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