WesternGeco LLC v. Ion Geophysical Corporation (No. 2016-2099, -2100, -2101, -2332, -2333, -2334, 5/7/18) (Wallach, Chen, Hughes)

May 7, 2018 10:46 AM

Chen, J. Affirming PTAB decision finding IPRs not time-barred and holding claims directed to seismic survey systems anticipated or obvious. Petitioner was not in privity with party that had been earlier sued and filed IPRs where it did not control previous IPRs or litigation, was a distinct and unrelated corporate entity represented by separate counsel and notwithstanding various business and indemnity relationships between the parties.

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Energy Heating, LLC v. Heat On-the-Fly, LLC (No. 2016-1559, -1893, -1894, 5/4/18) (Moore, Hughes, Stoll)

May 4, 2018 5:22 PM

Stoll, J. Affirming judgment of inequitable conduct while vacating denial of attorneys' fees where patentee failed to disclose evidence of prior public uses, which the patentee claimed were experimental. Also affirming tortious interference based on threats of patent litigation. The failure to award attorneys' fees was vacated because the district court inadequately explained its reasoning.

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General Hospital Corporation v. Sienna Biopharmaceuticals (No. 2017-1012, 5/4/18) (Moore, Reyna, Taranto)

May 4, 2018 3:08 PM

Moore, J. Affirming Board's finding in interference that claims to range of particle sizes lacked written description support. However, the Board erred in not allowing a contingent claim amendment on the grounds that the proponent failed to carry its burden of showing the claim was patentable.

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In Re Verhoef (No. 2017-1976, 5/3/18) (Newman, Mayer, Lourie)

May 3, 2018 3:26 PM

Lourie, J. Affirming Board's rejection of claims where inventor was not sole inventor of subject matter of patent.

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Disc Disease Solutions, Inc. v. VGH Solutions, Inc. (No. 2017-1483, 5/1/18) (Reyna, Wallach, Stoll)

May 1, 2018 12:41 PM

Reyna, J. Reversing district court's dismissal of complaint for failure to state a claim. Allegation that defendants products met each and every element of at least one claim was adequate pleading where technology was simple, only four independent claims were involved and specific accused products were identified.

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Texas Advanced Optoelectronic v. Renesas Electronics America (No. 2016-2121, -2208, -2235, 5/1/18) (Dyk, Bryson, Taranto)

May 1, 2018 9:53 AM

Taranto, J. Affirming trade secret misappropriation and patent infringement but vacating monetary awards. Although only one of three trade secret misappropriation claims was supported by the evidence, the submission of the other two theories was harmless error. The Court also held that there was no 7th amendment right to a jury on disgorgement of profits. The patent damages award was vacated as a double recovery in light of the trade secret award. Also affirming a summary judgment ruling that most of the accused products were not sold "within the United States," vacating a denial of a permanent injunction.

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