Justia Intellectual Property Opinion Summaries

Eye Therapies, LLC owns the '742 patent, which describes a method to reduce eye redness using a low-concentration dose of brimonidine. The independent claims of the patent specify that the method consists essentially of administering brimonidine at certain concentrations. During patent prosecution, the examiner initially rejected the claims for being anticipated by prior art, specifically U.S. Patent No. 6,242,442 (Dean), which disclosed the use of brimonidine in combination with another active ingredient, brinzolamide. The applicant amended the claims to replace "comprising" with "consisting essentially of" and argued that the claimed methods did not require any other active ingredients besides brimonidine. The examiner allowed the amended claims based on this representation.The Patent Trial and Appeal Board (PTAB) instituted an inter partes review on petition by Slayback Pharma, LLC and concluded that all challenged claims were unpatentable. The Board interpreted the phrase "consisting essentially of" to allow the inclusion of additional active ingredients that do not materially affect the basic and novel properties of the invention. Based on this construction, the Board found that the prior art taught or suggested each limitation of the challenged claims and that a person of ordinary skill in the art would have had a reasonable expectation of success in combining the references.The United States Court of Appeals for the Federal Circuit reviewed the case and reversed the Board's claim construction. The court held that the phrase "consisting essentially of" in the '742 patent should be interpreted to exclude the use of active ingredients other than brimonidine, based on the prosecution history. The court vacated the Board's obviousness finding and remanded the case for further proceedings consistent with the corrected claim construction. View "EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC " on Justia Law

Crabar/GBF, Inc. (Crabar) sued Mark Wright, Wright Printing Co. (WPCO), Mardra Sikora, Jamie Frederickson, and Alexandra Kohlhaas for trade secret violations and related claims. Crabar alleged that after purchasing WPCO's folder business, WPCO retained and used confidential information, including customer lists and sales data, to launch a competing folder business. Crabar also claimed that former employees Kohlhaas and Frederickson took and used Crabar's confidential information to aid WPCO's new business.The United States District Court for the District of Nebraska held an eleven-day trial, where the jury found all defendants liable on each count, awarding Crabar over five million dollars in compensatory and exemplary damages. Post-trial motions led to a final amended judgment of roughly four million dollars against the defendants. Defendants appealed, challenging several of the district court’s rulings.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the district court's decisions, including the denial of WPCO's motion for judgment as a matter of law regarding a contractual damages limitation, finding WPCO waived the argument by not raising it in the final pretrial order. The court also upheld the enforceability of confidentiality agreements signed by Frederickson and Kohlhaas, and found sufficient evidence to support the jury's findings on trade secret misappropriation, tortious interference, and causation of damages.The Eighth Circuit also ruled that the district court did not abuse its discretion in admitting expert testimony on damages, as the expert's assumptions were not fundamentally unsupported. The court found no error in the jury's award calculations, rejecting the argument of double recovery and affirming the sufficiency of evidence linking defendants' actions to Crabar's damages. The court concluded that the jury's awards were not excessive or the result of passion or prejudice. The judgment of the district court was affirmed. View "Crabar/GBF, Inc. v. Wright" on Justia Law

CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively, “CoStar”) and Commercial Real Estate Exchange, Inc. (“CREXi”) are online platforms competing in the commercial real estate listing, information, and auction markets. CoStar sued CREXi for copyright infringement, alleging that CREXi listed images and information hosted by CoStar without permission. CREXi counterclaimed on antitrust grounds, asserting that CoStar engaged in monopolistic practices to exclude competition.The United States District Court for the Central District of California dismissed CREXi’s antitrust counterclaims and directed entry of final judgment on those claims under Fed. R. Civ. P. 54(b). The district court held that CREXi failed to show CoStar had monopoly power and that the agreements at issue were not exclusive. CREXi appealed the dismissal of its antitrust counterclaims.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court’s dismissal of the antitrust counterclaims. The Ninth Circuit held that CREXi successfully stated claims under §§ 1 and 2 of the Sherman Act, California’s Cartwright Act, and the Unfair Competition Law. The court found that CREXi plausibly alleged CoStar had monopoly power in the relevant markets and engaged in anticompetitive conduct by entering into de facto exclusive deals with brokers and imposing technological barriers to entry. The court concluded that a monopolist using its power to exclude competitors and maintain monopoly power violates § 2 of the Sherman Act, and using exclusive deals to do so violates § 1 of the Sherman Act and the Cartwright Act. The court also held that CREXi stated claims under the “unfair” and “unlawful” prongs of the Unfair Competition Law. The Ninth Circuit affirmed the district court’s dismissal of CREXi’s tortious interference claims as they were improperly raised. The case was remanded for further proceedings. View "COSTAR GROUP, INC. V. COMMERCIAL REAL ESTATE EXCHANGE, INC." on Justia Law

Future Link Systems, LLC entered into a license agreement with MediaTek, Inc. in 2019, which stipulated that MediaTek would pay Future Link a lump sum if Future Link filed a lawsuit against Realtek Semiconductor Corporation. Future Link subsequently filed a complaint with the International Trade Commission (ITC) accusing Realtek of patent infringement. During the litigation, Future Link settled with a third party and informed Realtek, leading Realtek to file a motion for sanctions against Future Link before the administrative law judge (ALJ).The ALJ expressed concerns about the legality of the agreement between Future Link and MediaTek but ultimately denied Realtek's motion for sanctions, concluding that the agreement did not influence Future Link's decision to file the complaint. Future Link then withdrew its complaint and moved to terminate the investigation, which the ALJ granted. The ITC terminated the investigation when no petition for review was filed. Realtek petitioned the ITC to review the ALJ's order denying sanctions, but the ITC declined and terminated the sanctions proceeding.Realtek appealed to the United States Court of Appeals for the Federal Circuit, seeking an order for Future Link to pay a fine to the Commission. The Federal Circuit concluded that it lacked jurisdiction to hear Realtek's appeal, as the Commission's decision on sanctions was not a "final determination" under 19 U.S.C. § 1337(c) that would affect the exclusion or non-exclusion of articles from entry. The court dismissed the appeal, noting that jurisdiction over such matters likely lies with the district courts, not the Federal Circuit. View "Realtek Semiconductor Corp. v. International Trade Commission" on Justia Law

Optis Cellular Technology, LLC, Optis Wireless Technology, LLC, PanOptis Patent Management, LLC, Unwired Planet International Limited, and Unwired Planet, LLC (collectively, “Optis”) sued Apple Inc. (“Apple”) for patent infringement in the U.S. District Court for the Eastern District of Texas. Optis asserted that various Apple products implementing the LTE standard infringed five of its standard-essential patents. The jury found Apple infringed certain claims of the asserted patents and awarded $506,200,000 in damages. Apple moved for a new trial, arguing the jury did not hear evidence regarding Optis’s obligation to license the patents on FRAND terms. The district court granted a new trial on damages, and the jury awarded $300,000,000 in the retrial.The United States Court of Appeals for the Federal Circuit reviewed the case. The court vacated both the infringement and second damages judgments, remanding for a new trial on infringement and damages. The court dismissed Optis’s cross-appeal to reinstate the original damages verdict. The court also reversed the district court’s findings that claims 6 and 7 of the ’332 patent are not directed to an abstract idea under 35 U.S.C. § 101 and that claim 1 of the ’557 patent does not invoke 35 U.S.C. § 112 ¶ 6. The court affirmed the district court’s construction of claim 8 of the ’833 patent. Additionally, the court concluded that the district court abused its discretion by admitting the Apple-Qualcomm settlement agreement and related expert testimony into evidence.The Federal Circuit held that the single infringement question on the verdict form violated Apple’s right to a unanimous verdict, as it did not ensure all jurors agreed on the same patent being infringed. The court also determined that claims 6 and 7 of the ’332 patent are directed to an abstract idea and remanded for further analysis under Alice step two. The court found that “selecting unit” in claim 1 of the ’557 patent invokes § 112 ¶ 6 and remanded for further proceedings. View "OPTIS WIRELESS TECHNOLOGY, LLC v. APPLE INC. " on Justia Law

TWD, LLC filed a complaint against Grunt Style LLC in 2018, alleging trademark infringement. Both companies sell goods with military-related trademarks. Grunt Style counterclaimed, asserting TWD was infringing on its prior trademark. The district court granted Grunt Style's motion for partial summary judgment in April 2022, dismissing all of TWD's claims. The case was reassigned to Judge Hunt, who held a bench trial in 2024 and ordered TWD to pay Grunt Style $739,500. Grunt Style moved to amend the judgment to include interest and permanent injunctive relief, which the district court granted in January 2025.TWD filed a notice of appeal from the amended judgment, which was docketed as appeal No. 25-1305. During a preliminary review, the Seventh Circuit identified a potential jurisdictional issue because the district court's judgment did not explicitly address TWD's counterclaims. The court directed the parties to address whether the judgment was deficient. TWD filed an amended notice of appeal, which was docketed as a new appeal, No. 25-1341. The district court later issued an indicative ruling, signaling its intent to correct the judgment if the case was remanded.The United States Court of Appeals for the Seventh Circuit agreed with the district court's solution and decided to remand the case for correction of the clerical mistake in the judgment. The court retained jurisdiction over the appeal and dismissed the second appeal (No. 25-1341) as unnecessary, without collecting an additional fee. The court emphasized the importance of clear and complete judgments to avoid jurisdictional issues and ensure appellate jurisdiction is clear. View "Grunt Style LLC v TWD, LLC" on Justia Law

United Services Automobile Association (USAA) owns U.S. Patent No. 10,402,638, which is directed to remote check deposit technology. The patent describes a system where a customer uses a personal mobile device to take a picture of a check and transmit the image to a financial institution. The system includes steps for error checking and optical character recognition (OCR) to ensure the check image is of sufficient quality. USAA sued PNC Bank, N.A. for infringement of this and other patents.The United States District Court for the Eastern District of Texas granted USAA’s motion for summary judgment, finding the asserted claims patent-eligible under 35 U.S.C. § 101. The court denied PNC’s cross-motion for summary judgment. A jury trial followed, where the jury found no invalidity and that PNC had infringed USAA’s patents. PNC appealed the district court’s summary judgment ruling on § 101.The United States Court of Appeals for the Federal Circuit reviewed the case and reversed the district court’s decision. The Federal Circuit held that the asserted claim of the ’638 patent is directed to the abstract idea of depositing a check using a handheld mobile device and does not contain an inventive concept sufficient to transform the abstract idea into a patent-eligible application. The court concluded that the claim recites routine data collection and analysis steps implemented by a generic device, which is insufficient for patent eligibility under § 101. Consequently, the Federal Circuit reversed the district court’s grant of summary judgment and did not address USAA’s cross-appeal regarding damages testimony. View "UNITED SERVICES AUTOMOBILE ASSOCIATION v. PNC BANK N.A. " on Justia Law

Mitek Systems, Inc. (Mitek) filed a declaratory judgment action against United Services Automobile Association (USAA) seeking a declaration of non-infringement concerning four patents related to its MiSnap software product. Mitek argued that it faced potential liability for direct, induced, and contributory infringement, as well as indemnification demands from its licensees after USAA sent them letters seeking to sell licenses to USAA patents.The United States District Court for the Eastern District of Texas initially dismissed Mitek’s complaint for lack of subject-matter jurisdiction and alternatively declined to exercise jurisdiction. On appeal, the Federal Circuit vacated the dismissal and remanded for further proceedings, instructing the district court to conduct a more detailed analysis. On remand, the district court again dismissed the case, finding no subject-matter jurisdiction and reiterating its decision to decline jurisdiction even if it existed.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the district court’s decision. The court agreed that Mitek did not have a reasonable apprehension of suit for direct, induced, or contributory infringement based on the record evidence, including USAA’s allegations and claim charts from prior litigation. The court also found that Mitek’s potential indemnification liability was not sufficient to establish jurisdiction, as the indemnification agreements contained applicable carve-outs and did not create a reasonable potential for liability. Additionally, the court upheld the district court’s discretionary decision to decline jurisdiction, noting that intervention in future litigation involving Mitek’s customers would be a more effective remedy. View "MITEK SYSTEMS, INC. v. UNITED SERVICES AUTOMOBILE ASSOCIATION " on Justia Law

Agilent Technologies, Inc. appealed two final written decisions by the Patent Trial and Appeal Board (Board) that determined all claims of U.S. Patent Nos. 10,337,001 and 10,900,034 to be unpatentable. The patents in question relate to CRISPR-Cas systems for gene editing, specifically focusing on chemically modified guide RNAs (gRNAs) used in these systems. The Board found that the claims were anticipated by prior art, specifically a reference known as Pioneer Hi-Bred, and that certain claims were also obvious in view of additional references, Threlfall and Deleavey.The Board's decisions were based on findings that Pioneer Hi-Bred disclosed the claimed gRNA functionality and that the reference was enabling. The Board also found that the additional references provided sufficient motivation and reasonable expectation of success for a person of ordinary skill in the art to combine the teachings of Pioneer Hi-Bred with those of Threlfall and Deleavey.The United States Court of Appeals for the Federal Circuit reviewed the Board's findings. The court affirmed the Board's determination that Pioneer Hi-Bred disclosed the claimed gRNA functionality, noting that substantial evidence supported the Board's findings. The court also agreed with the Board's conclusion that Pioneer Hi-Bred was an enabling reference, rejecting Agilent's arguments that undue experimentation would be required to practice the disclosed invention.Additionally, the court upheld the Board's finding that the dependent claims, which included specific chemical modifications, were obvious in view of the combined teachings of Pioneer Hi-Bred, Threlfall, and Deleavey. The court found that the Board had provided a thorough analysis and that substantial evidence supported the Board's conclusion that a person of ordinary skill in the art would have had a reasonable expectation of success in making the claimed modifications.In conclusion, the Federal Circuit affirmed the Board's decisions, holding that all claims of the '001 and '034 patents were unpatentable. View "AGILENT TECHNOLOGIES, INC. v. SYNTHEGO CORP. " on Justia Law

Jekyll Island State Park Authority, a Georgia entity, operates the Summer Waves Water Park and owns the federally registered trademark for SUMMER WAVES. In 2021, Jekyll Island discovered that Polygroup Macau Limited, an intellectual property holding company registered in the British Virgin Islands, had registered nearly identical SUMMER WAVES marks. Polygroup Macau’s general counsel had also asked to buy Jekyll Island’s domain name, summerwaves.com. Jekyll Island sued Polygroup Macau for trademark infringement and to cancel Polygroup Macau’s marks. Polygroup Macau moved to dismiss for lack of personal jurisdiction, arguing it did not sell products in the United States using its trademarks.The United States District Court for the Southern District of Georgia granted Polygroup Macau’s motion to dismiss, concluding that Polygroup Macau did not have sufficient contacts with the United States to support personal jurisdiction. The court noted that Polygroup Macau did not sell products in the United States using its trademarks and only permitted other entities to do so, making the connection between Polygroup Macau’s activities and Jekyll Island’s claims too attenuated.The United States Court of Appeals for the Eleventh Circuit reviewed the case and disagreed with the district court’s conclusion. The Eleventh Circuit found that Polygroup Macau had purposefully availed itself of the benefits of United States law by registering and maintaining trademarks with the USPTO, allowing its sister companies to use those trademarks to sell products in the United States, and marketing specifically to U.S. consumers. The court held that the connection between Jekyll Island’s claims and Polygroup Macau’s activities in the United States was close enough to support specific jurisdiction. The Eleventh Circuit reversed the district court’s dismissal and remanded the case for consideration on the merits. View "Jekyll Island-State Park Authority v. Polygroup Macau Limited" on Justia Law