With a Federal Circuit citation, no less. In Ex parte Moffat, USSN 15/227,827, the claims on appeal were directed to toner compositions with white colorants. Independent claim 1 recited, in pertinent part: An emulsion aggregation toner having toner particles comprising … one single white colorant consisting of titanium dioxide… While claim 21, dependent from claim […]
Wait … what? This argument came up and prevailed – twice – in Tech Center 1700 PTAB decisions in November. First, Ex parte Gama, US Patent Application No 12/042641, Appeal 2019-002094, decided November 5, 2019. In Gama, the Examiner found claims directed to a fuel filter obvious over two references. The motivation to combine, the […]
Applicants/Appellants in the food arts, rejoice! In Ex parte Elejalde, US Patent Application Serial No. 14/119,935, Appeal 2019-003528 decided November 21, 2019 (Ex parte Elejalde), the claims recite a pan coating process using two drums. A liquid is taught to be applied in the first drum, and a powder applied in the second such that […]
Not once, not twice, but FIVE times at PTAB, Tech Center 1700, in November and December. Full disclosure – four of the decisions were issued in related applications. In Ex parte Hansen et al., US Patent Application Serial No. 12/345215, Appeal 2019-001796, decided November 14, 2019 Ex parte Hansen and Ex parte Hansen et al., […]
The was no merriment for Appellant’s in Tech Center 1700 in December. After an almost 40% reversal rate in November, PTAB’s reversal rate in Tech Center 1700 was down to about 24% in December: The Board heard 96 appeals, and reversed the Examiner 23 times with one reversal with a new ground of rejection: No […]
Leaving the only possibility for Section 101 reform this year with Congress. Sadly, legislative reform seems unlikely this year – after much action in the summer of 2019, nothing happened. And now, the likely champions for reform, Senators Coons and Tillis, are both up for reelection. SCOTUS order list 13JAN2020
My first thought when reading this case was doesn’t anyone else have a garage door that will not close even when there is nothing in the way? Or that goes on psychotic ‘opening and closing’ benders for no apparent reason? I can’t be the only one – clearly improved garage door openers are needed in […]
Pharma Tech Solutions, Inc., Decision IT Corp., v. LifeScan, Inc., LifeScan Scotland, LTD., Johnson and Johnson, Appeal 2019-1163, decided November 22, 2019. pharma-tech-solutions-v-lifescan Procedural Background Pharma Tech Solutions, Inc. sued LifeScan, Inc. for infringement of US Patent Nos. 6,153,069 and 6,413,411, both directed to blood glucose monitoring systems. As originally presented, the claims of the […]
As due diligence for an appeal in a difficult case I have been prosecuting for a client, I looked through the decisions issued by PTAB out of Tech Center 1700 in October of 2019. Here are some things I found interesting: The Board heard 80 appeals, and reversed the Examiner 24 times. In the reversals: […]
In 2018, the Federal Circuit reversed the District Court of Delaware’s refusal to grant Liqwd a preliminary injunction against L’Oreal Liqwd v L’Oreal Preliminary Injunction. Many reported earlier this summer on L’Oreal’s expensive loss to Olaplex in the District Court of Delaware. (See, e.g., https://www.bloomberg.com/news/articles/2019-08-12/l-oreal-owes-startup-91-million-for-stealing-its-trade-secrets). L’Oreal has now been dealt another blow by the Federal […]