Knobbe/Martens: Intellectual Property Law

Baraa Kahf

PRAXAIR DISTRIBUTION, INC. v. MALLINCKRODT HOSPITAL PRODUCTS

May 16, 2018 Albert J. Sueiras and Baraa Kahf

Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB)

Summary: A limitation that merely claims information by incorporating that information into a mental step or process is not entitled to patentable weight under the printed matter doctrine, unless the limitation is functionally related to the substrate.

Metaswitch Networks Ordered to Pay Over $8 Million and Ongoing Royalties to Genband for Voice Over IP Technology

April 25, 2018 Kendall Loebbaka and Baraa Kahf

On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was conducted in January 2016, where the jury found Metaswitch Networks liable for infringing Genband’s seven patents.  During trial, Genband requested $9,076,000 in damages based on past sales.  

GREGORY C. JAMES V. J2 CLOUD SERVICES

April 20, 2018 Bryan J. Johnson and Baraa Kahf

Before Reyna, Taranto, and Hughes. Appeal from the United States District Court for the Central District of California

Summary: An individual claiming sole inventorship of a patent has standing under 35 U.S.C. § 256 to establish ownership of the patent, unless he has entered into a contract in which he assigns, or promises to assign, the rights to the patent, or he was “hired-to-invent” such that his employer is entitled to claim his inventive work.

APATOR MIITORS APS V. KAMSTRUP A/S

April 17, 2018 David C. Kellogg and Baraa Kahf

Before Moore, Linn, and Chen.  Appeal from the Patent Trial and Appeal Board.

Summary: A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating evidence that does not depend solely on the inventor’s testimony itself.

 

Dell Inc. v. Acceleron, LLC

March 19, 2018 Ari Feinstein and Baraa Kahf

Before Moore, Reyna, and Taranto.  Appeal from the Patent Trial and Appeal Board.

Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral argument.     

 

IN RE: POWER INTEGRATIONS, INC.

March 19, 2018 Brandon G. Smith and Baraa Kahf

Before Moor, Mayer, and Stoll.  Appeal from the patent Trial and Appeal Board

Summary: The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term meaningless.

 

KNOWLES ELECTRONICS LLC V. CIRRUS LOGIC, INC.

March 1, 2018 April K. White and Baraa Kahf

Before Newman, Wallach, and Chen.  Appeal from the Patent Trial and Appeal Board

Summary:  The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board applied the broadest reasonable interpretation standard and the Board did not depart from a prior Federal Circuit construction. 

 

BOSCH AUTOMOTIVE SERVICE SOLUTIONS, LLC v. MATAL

December 22, 2017 Jordan E. Gottdank and Baraa Kahf

Before NEWMAN, CHEN, and HUGHES.  Appeal from the Patent Trial and Appeal Board.

Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable.  This burden applies equally to indefiniteness challenges.

BOSCH AUTOMOTIVE SERVICE SOLUTIONS, LLC v. MATAL

December 22, 2017 Jordan E. Gottdank and Baraa Kahf

Before NEWMAN, CHEN, and HUGHES.  Appeal from the Patent Trial and Appeal Board.

Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable.  This burden applies equally to indefiniteness challenges.

Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing University of Florida’s Patents

August 7, 2017 Baraa Kahf and Kendall Loebbaka

The University of Florida obtained patents covering new varieties of blueberry plants that can be grown in warmer climates.  The University of Florida licensed these plants to companies, including Hartmann’s Plant Company in 2000.  In 2004, Hartmann notified the University of Florida that it was terminating the licenses.

Apple Ordered to Pay $506 Million to the University of Wisconsin for Infringing its Computer Processor Chip Patent

August 6, 2017 Baraa Kahf and Kendall Loebbaka

On July 25, 2017, a federal court in Wisconsin ordered Apple to pay a whopping $506 million for infringement of a patent on computer processor chip technology held by the Wisconsin Alumni Research Foundation (WARF), the licensing arm of the University of Wisconsin.

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