Justia Intellectual Property Opinion Summaries

Monsanto’s patent, titled “Soybean Seed and Oil Compositions and Methods of Making Same,” claims a two-step process for crossing (mating) two parent soybean lines to produce soybean seeds with a modified fatty acid profile. The patent describes “the combination of transgenes that provide both moderate oleic acid levels and low saturated fat levels with soybean germplasm that contains mutations in soybean genes that confer low linolenic acid phenotypes.” After granting DuPont’s request for inter partes review, the Patent Trial and Appeal Board affirmed the rejection of several claims as anticipated, 35 U.S.C. 102(b), and one as obvious over prior art (Booth). The Federal Circuit affirmed. The PTAB “reasonably interpreted” Booth’s parent line containing 4% linolenic acid “to be within the scope of ‘about 3%,’” as recited in claim 1 of the patent. Substantial evidence supported the finding that Booth “necessarily includes” step (b) of the asserted claims. View "Monsanto Technology LLC v. E.I. DuPont de Nemours" on Justia Law

The patent, entitled “Real Time Video Communications System,” discloses “tools and techniques for providing video calling solutions” and relates to real-time video conferencing where two or more users communicate, over a network, in a conference that includes video and audio of each participant. In three separate inter partes review proceedings, the Patent Trial and Appeal Board found that Microsoft failed to show by a preponderance of the evidence that the challenged claims were anticipated, 35 U.S.C. 102, or obvious. The Federal Circuit affirmed, finding the decision supported by substantial evidence and upholding the Board's claim constructions. View "Microsoft Corp. v. Biscotti, Inc." on Justia Law

Bosch’s patent, titled “Remote Tire Monitoring System,” relates to a handheld tool for activating remote tire pressure monitoring system (RTMS) tire sensors and communicating with a vehicle’s RTMS receiving unit. The RTMS receiving unit can then use that information to alert the driver of a specific tire characteristic such as low tire pressure. Different manufacturers use different types of devices and/or signals for activating RTMS tire sensors, including magnets, valve core depressors, continuous wave signals, and modulated signals, and use different methods to transmit data to the receiving unit. The patent’s claimed activation tool is intended to work with all of these known RTMS architectures. The Patent Trial and Appeal Board granted inter partes review (IPR). Bosch filed a patent owner response and a “contingent” motion to amend, seeking to substitute amended claims for original claims in the event that the Board found the challenged claims unpatentable. The Board found all challenged claims unpatentable and denied Bosch’s contingent motion to amend. The Federal Circuit affirmed the Board’s finding of unpatentability of claims 1, 4–15, and 20–22, under 35 U.S.C. 103, and vacated its denial of Bosch’s motion to amend as to proposed substitute claims 23–38, with respect to which the Board improperly assigned the burden of proof to Bosch. View "Bosch Automotive Service Solutions, LLC v. Matal" on Justia Law

Tropp’s patents are directed to the use of dual-access locks in airline luggage inspection. Tropp’s system permits the Transportation Security Administration (TSA) to unlock, inspect, and relock checked baggage. Sentry administers a similar system and has license agreements with lock and luggage manufacturers. Under an Agreement with TSA, Sentry provides TSA with passkeys for distribution to field locations. TSA takes no responsibility for damage to baggage secured with Sentry locks but will make good faith efforts to distribute and use the passkeys. TSA does not endorse any particular system. Following earlier appeals, the district court granted summary judgment, finding that Sentry and its licensees did not infringe Tropp’s patents under 35 U.S.C. 271(a). The Federal Circuit vacated. A reasonable jury could conclude that TSA’s performance of the final two claim steps is attributable to Sentry such that Sentry is liable for direct infringement. Although the partnership-like relationship between Sentry and TSA is unique, the court should have considered evidence that TSA, hoping to obtain access to certain benefits, can only do so if it performs certain steps identified by Sentry, under terms prescribed by Sentry. Sentry can stop or limit TSA’s ability to practice the final two steps by terminating the Agreement, discontinuing its practice of replacing passkeys that are damaged or lost or changing the design of future locks such that the TSA keys no longer work. View "Travel Sentry, Inc. v. Tropp" on Justia Law

The Patent Trial and Appeal Board instituted inter partes review of the 174 Patent, which is directed to methods and apparatuses for a radio communications system where a subscriber station, i.e., a mobile device, is assigned a plurality of codes for transmitting messages. The Board found that the claims were not obvious or anticipated in prior art, The Federal Circuit affirmed, rejecting an argument that the Board’s application of the term “message” improperly excluded embodiments of “transmissions of data at intervals specified in a UMTS [Universal Mobile Telecommunications System] system,” specifically by excluding single frame Enhanced Dedicated Uplink Channel messages. Substantial evidence supported the patentability determination. View "HTC Corp. v. Cellular Communications Equipment, LLC" on Justia Law

Appellants, artists in the hip hop industry, appealed the dismissal of their copyright infringement case, arguing that their copyright registrations for a song were improperly invalidated under 17 U.S.C. 411 without a showing of scienter and that they made a proper showing of copyright ownership. The Eleventh Circuit held that it need not reach a decision on the ownership issue because the district court misapplied the law by invalidating the copyright registrations. In this case, the district court erred by sua sponte raising the issue of registration validity. Furthermore, the good faith inaccuracies in the song registrations should not preclude the undisputed authors from copyright protection, and appellants have met their burden of production for establishing a prima facie case of ownership and copyright validity. Therefore, the court reversed and remanded for further proceedings. View "Roberts v. Gordy" on Justia Law

Brunetti owns the clothing brand “fuct.” In 2011, individuals filed an intent-to-use application for the mark FUCT for items of apparel. The applicants assigned the application to Brunetti, who amended it to allege use of the mark. The examining attorney refused to register the mark under the Lanham Act, 15 U.S.C. 1052(a), finding it comprised immoral or scandalous matter because FUCT is the past tense of “fuck,” a vulgar word, and is therefore scandalous. The Trademark Trial and Appeal Board affirmed. The Federal Circuit reversed. While substantial evidence supports the Board’s findings and it did not err concluding the mark comprises immoral or scandalous matter, section 2(a)’s bar on registering immoral or scandalous marks is an unconstitutional restriction of free speech. The bar is a content-based restriction on speech; trademark registration is not a government subsidy program that could justify such a bar. Nor is trademark registration a “limited public forum,” in which the government can more freely restrict speech. The bar survives neither strict nor intermediate scrutiny. Even if the government had a substantial interest in protecting the public from scandalous or immoral marks, the regulation does not directly advance that interest because section 2(a) does not directly prevent applicants from using their marks. View "In re: Brunetti" on Justia Law

The Biologics Price Competition and Innovation Act (BPCIA), governs abbreviated biologics license applications (aBLAs) based on the licensing of a reference product. BPCIA allows patent infringement suits before approval: the applicant provides confidential access to its aBLA. The parties negotiate a list of patents for an immediate infringement action. Under subsection 262(l), the applicant gives notice at least 180 days before commercial marketing, to allow a suit for preliminary injunction. If the applicant discloses information, neither may bring suit based on non-listed patents before notice of commercial marketing. Amgen has marketed Neupogen® since 1991. Sandoz filed an aBLA, for a Neupogen biosimilar. Sandoz notified Amgen that intended to launch its biosimilar upon approval and would not provide its aBLA. In 2015, the FDA approved Sandoz’s aBLA. Sandoz gave notice of commercial marketing. Amgen sued, asserting state law claims of unfair competition based on BPCIA violations; conversion; and patent infringement. The court held that BPCIA permits an applicant not to disclose its aBLA and that the applicant may give notice of commercial marketing before FDA approval. The Federal Circuit affirmed dismissal of Amgen’s state law claims, but directed the court to consider the patent infringement claims. The Supreme Court held that an injunction under federal law is not available to enforce 42 U.S.C. 262(l)(2)(A) and a biosimilar applicant may provide the notice required by 262(l)(8)(A) either before or after FDA approval to start the 180-day clock. The Federal Circuit then affirmed dismissal of the state law claims; Sandoz did not forfeit its preemption defense and the BPCIA preempts state law remedies for failure to comply with section 262(l)(2)(A). View "Amgen Inc. v. Sandoz" on Justia Law

IH’s patent relates to a method of purchasing goods at a local point-of-sale system from a remote seller. IH sued Bed Bath & Beyond for infringement. Two months later, the district court granted BBB summary judgment, concluding that the Supreme Court’s intervening decision, Alice Corp. v. CLS Bank, rendered the asserted claims invalid under 35 U.S.C. 101 because the asserted claims are directed to the abstract idea of “local processing of payments for remotely purchased goods.” The Federal Circuit affirmed. BBB moved for an award of attorney fees under 35 U.S.C. 285, arguing that, once Alice issued, IH should have reevaluated its case and dismissed the action. The district court granted BBB’s fees motion, holding that, “following the Alice decision, IH’s claims were objectively without merit,” and awarded BBB its attorney fees beginning from the date of the Alice decision, including fees incurred during the section 101 appeal. The Federal Circuit affirmed. IH’s claims were “dubious even before the Alice decision” and Alice was a significant change in the law as applied to the facts of this particular case. View "Inventor Holdings, LLC v. Bed Bath & Beyond, Inc." on Justia Law

Arctic Cat sued BRP for infringement of the 969 and 545 patents, which disclose a thrust steering system for personal watercraft propelled by jet stream. The district court rejected, as a matter of law, BRP’s argument that the asserted claims would have been obvious (35 U.S.C. 103), that Arctic Cat failed to mark patented products, that the jury’s royalty award was based on improper expert testimony, and that BRP did not willfully infringe the asserted claims. The court awarded treble damages and an ongoing royalty. The Federal Circuit affirmed as to obviousness, the jury’s royalty rate, willfulness, the awards of treble damages and an ongoing royalty. Substantial evidence of industry recognition and “long-felt need” supported a conclusion that a skilled artisan would not have “anticipated success” with the claimed combination. The court vacated as to marking, 35 U.S.C. 287(a), and remanded for further consideration limited to that issue. View "Arctic Cat Inc. v. Bombardier Recreational Products, Inc." on Justia Law