Category Archives: Lessons In Hindsight

SONY CORP. v. IANCU, decided May 22, 2019, Means-Plus-Function

U.S. Patent No. 6,097,676 is directed to recording and storing audio in multiple tracks (pages 2-3). The claim recites a “reproducing means,” which the board treated as a means-plus-function limitation with the function of reproducing the audio data of the channel designed by the default value stored in the storing means by the structure of […]

QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC., decided May 21, 2019, Claim Interpretation

U.S. Patent No. 7,542,874 relates to display of inspection data from commercial furnaces (pages 2-3). For on-sale bar, the dispute turned on whether the offered services prior to the application included “generating a display of at least a portion of said partitioned data arranged to represent said physical geometry of said tube segments and enable […]

NUVO PHARMACEUTICALS v. DR. REDDY’S LABORATORIES, decided May 15, 2019, Written Description

U.S. Patent Nos. 6,926,907 and 8,557,285 are directed to coordinated release of an acid inhibitor and non-steroidal anti-inflammatory drug in a single tablet (pages 3-4). The claims recite that the uncoated acid inhibitor is of an amount “effective” to raise the gastric pH of a patient to at least 3.5 (pages 4-6 and 14). It […]

BTG INTERNATION LIMITED v. AMNEAL PHARMACEUTICALS LLC, decided May 14, 2019, Claim Interpretation

U.S. Patent No. 8,822,438 is directed to treating cancer (pages 7-8). “Treatment” was interpreted to include eradication, removal, modification, management, or control of a tumor or primary, regional, or metastatic cancer cells or tissue and the minimization or delay of the spread of cancer (page 15). The claims, specification, and prosecution history teach that “treatment” […]

BRADIUM TECHNOLOGIES LLC v. IANCU, decided May 13, 2019, Claim Interpretation

U.S. Patent Nos. 7,908,343 and 8,924,506 are directed to retrieving large-scale images over a low bandwidth network to display the image on a limited processing power client device using parcel prioritization (pages 2-4). For the claim term “limited bandwidth communications channel,” the specification teaches limited bandwidth conditions due to low bandwidth channel or due to […]

AMGEN INC. v. SANDOZ INC., decided May 8, 2019, Claim Interpretation

U.S. Patent Nos. 6,162,427 and 8,940,878 are directed to protein purification by absorbent chromatography and treatment of diseases using peripheral stem cell transplantation (pages 4-6). The ‘878 claims require “applying a solution to remove . . . while preserving binding” and “applying a solution that reverses the binding” (page 7). The district court interpreted these […]

ENDO PHARM. INC. v. ACTAVIS LLC, decided May 3, 2019, Claim Interpretation

U.S. Patent No. 8,871,779 is directed to preparing morphinan alkaloids used for pain relief (pages 2-5). “14-hydroxymophinone” limitations were interpreted to be the salt form of 14-hydroxymorphoninone (page 10). Claim 1 recites a salt comprising 14-hydroxymophinone, so the claims indicate the salt form (pages 10-11). The specification teaches an example removing 14-hydroxymophinone in general but […]

TRADING TECHNOLOGIES INT’L v. IBG LLC, decided April 30, 2019, Statutory Subject Matter

U.S. Patent No. 7,784,556 is directed to display of market information (profit and loss) on a screen for electronic trading (pages 2-4). The claims do not solve a technical problem with a technical solution, so were properly subjected to covered business method (CBM) review (pages 6-7).  Providing new information in an existing screen is not […]

NEPTUNE GENERICS, LLC v. ELI LILLY & COMPANY, decided April 26, 2019, Obviousness

U.S. Patent No. 7,772,209 is directed to administering folic acid and a methylmalonic acid lowering agent before pemetrexed disodium (pages 2-4). The PTAB held that the claims were not obvious over multiple references as none of the references taught using methylmalonic acid lowering agent with the known folic acid to pre-treat (pages 4-5). Evidence supported […]

TRADING TECHNOLOGIES INT’L v. IBG LLC, decided April 18, 2019, Statutory Subject Matter

U.S. Patent Nos. 7,533,056, 7,212,999, and 7,904,374 are directed to graphical user interfaces (UI) for electronic trading (pages 3-4). The following generalizes between various of the patents. The patents are not directed to a technological invention, so were properly subjected to covered business method (CBM) review (pages 4-13).  The invention is the display of information […]