PTAB Upholds Bottle Cap Patent Not Obvious
The Patent Trial and Appeal Board (PTAB) has ruled that a bottle cap patent for using small amounts of harder steel was unobvious. World Bottling challenged the Crown Packing Patent. The PTAB found that the use of groves in the cap, the lack of success by competitors in finding a similar solution, and commercial success in Peru made the innovation unobvious.
PTAB Finds No Interference in CRISPR Patents
The Patent Trail and Appeal Board (PTAB) found that patents from the Broad Institute owned by MIT and Harvard include subject matter that is patentable distinct from patents filed by UC Berkeley. This does not mean that the Broad patents could be practiced without infinging the UCB patents, and additional agreements are likely in the future.
PTAB Rules University of Florida Patent Immune from IPR
The Patent Trial and Appeal Board (PTAB) has ruled that a patent assigned to the University of Florida is not subject to inter partes review because of the State of Florida's sovereign immunity. If the ruling stands, then all of the many patents held by state universities cannot be challenged with inter partes review.
Federal Circuit Affirms Obviousness Based on Provisional in MPHJ v. Ricoh
The Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) finding of obviousness for patent 8,488,173 in the MPHJ v. Ricoh patent litigaton. MPHJ argued that the claims were unobvious becuse the limitation "seamlessly replicated and transmitted" meant a one step operation without further human intervention. This contention was supported by the original provisional application, but the utility application made the one step operation optional.
Federal Circuit Reverses PTAB Obviousness Finding for Portable Media Player
The Federal Circuit has reversed a Patent Trial and Appeal Board (PTAB) finding of obviousness. The patent claimed a portable media player with multiple buffers that could be locked so that the data was overwritten. The PTAB found that this invention was obvious because one prior art reference (Birrell) taught a portable audio player that loaded data from a hard drive to RAM, and another (Cunniff) that teaches a buffer with semaphores for hardware elements that indicated which program can write to the hardware element.