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Federal Circuit Affirms PTAB Obviousness Finding in Cole Kepro v. VSR

The Federal Circuit affirmed the Patent Trail and Appeal Board (PTAB) finding that claims in patent 6,860,814 in the IPR initiated by VSR Industries was obvious.  Figure 4 of the '814 patent is shown below.


814 patent

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Federal Circuit Allows Re-challenge of Claims not Covered in PTAB Decision

The Federal Circuit has ruled that claims that were not covered in a Patent Trail and Appeal Board (PTAB) Covered Business Method decision could be re-challenged. Because there was no final ruling, estoppel provisions did not prevent another challenge.

Supreme Court Finds Authorized Sale Exhausts Patent Rights

The Supreme Court held that an authorized sale of a patented product exhausts the patent rights, including for international sales. The decision aligns patent law with copyright law, and the court's Kirtsaeng ruling. The decision in Impression Products v. Lexmark resolved the questions of whether Impression could import toner cartridges that it purchased abroad, refilled, and imported to the United States. However, the impact to pharmaceuticals could be massive, because of the significant pricing differences between countries.

Federal Circuit Remands Some Claims in Securus v. Global Tek*Link

While upholding most of the Patent Trial and Appeal Board's (PTAB) findng of obviousness for the patent in Securus Technologies v. Global Tek*Link, the court did remand some of the claims because the PTAB did not address its reasoning for rejecting those claims. Read the decision here.


"Here, the Board failed to articulate any reasoning for reaching its decision as to these claims. While the Board need not expound upon its reasoning in great detail in all cases—and we make no comment on the specific level of detail required to sufficiently address the merits of these claims in particular—it must provide some reasoned basis for finding the claims obvious in order to permit meaningful review by this court." 

District Court Finds Sampling is Fair Use

A New York District court has ruled that Drake's sampling of 32 seconds of "Jimmy Smith Rap" was transformative and so fell under fair use. The decision follows a number of other decisions that found that transformative uses of copyrighted works to be allowable fair use.

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