Category: Patent & Other IP Offices
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Pendulum swings back in favor of Fintiv in payment-system patent infringement dispute with Apple
The United States Court of Appeals for the Federal Circuit has reversed a Western District of Texas grant of summary judgment in a dispute between Fintiv and Apple, reviving Fintiv’s infringement claims and remanding them for trial.
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UPC Dusseldorf issues first decision on second medical use, hands win to Amgen in cholesterol patent dispute against Sanofi
The Dusseldorf Local Division has clarified how the UPC deals with second medical use in patent infringement proceedings, including considering the extent or significance of the allegedly infringing use, and whether an entity is “positively” or “negatively” influencing a market by encouraging infringement, or preventing a product from being used for patented use.
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Federal Circuit hands victories to Apple, PayPal in parallel payment-system patent infringement disputes with Fintiv
The United States Court of Appeals for the Federal Circuit has thrown out an appeal against a Patent Trial and Appeal Board invalidation decision brought by Fintiv against Apple, after the same patent was already invalidated in a parallel case against PayPal.
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Atlas Global at risk of losing four patents-in-suit against defendants including Acer, HP, TP-Link, Vantiva; already lost one definitively
Context: Atlas Global is enforcing WiFi patents acquired from Newracom, an ETRI spinoff, against various device makers in the Unified Patent Court (UPC) and in Germany. Last summer, the Oberlandesgericht München (Munich Higher Regional Court) raised the amount of collateral required for enforcement for €4 million to €26 million in an Atlas v. TP-Link case…
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ToolGen sues Vertex, Lonza, and RoslinCT over CRISPR patents
ToolGen’s suits come in response to patent oppositions filed by the defendants over its first-ever European CRISPR-Cas9 protein delivery method patent.
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Supercomputer firm ParTec seeks discretionary denial of Microsoft’s PTAB IPR petition under Acting USPTO Director’s new bifurcated framework
A dispute over the architecture of server clusters used for AI could give rise to one of the first high-profile discretionary denials under Acting Director Coke Morgan Stewart’s new rules.
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Discretionary denials of PTAB inter partes reviews come back with a vengeance: Fintiv review inserted before potential merits proceedings
Within four weeks of her decision to rescind former USPTO Director Kathi Vidal’s memo narrowing the application of Fintiv, Acting Director Coke Morgan Stewart has taken another bold step favoring patentees.
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EPO Patent Index 2024: Unitary Patent requests “exceeded expectations” despite stagnant European applications
The European Patent Office’s Patent Index 2024 found that there was no growth in European applications (-0.1%) compared with 2023, although unitary protection was requested for 25.6% of all patents granted by the EPO in 2024 – a 53% increase compared to 2023.
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Unified Patent Court injunction in 10x Genomics v. NanoString could be reinstated as EPO Opposition Division upholds patent in ‘slightly amended form’
Context: The Unified Patent Court (UPC) opened its doors on June 1, 2023, and only a few months later, in September 2023, 10x Genomics won a preliminary injunction against rival NanoString in the Munich Local Division (LD). NanoString nearly went out of business as a result of that loss, but apparently found an acquirer. The…