Week Ahead in Intellectual Property: Nov. 1, 2021

(Reuters) – Here are some upcoming events of interest to the intellectual property law community. Unless otherwise noted, all times are local, and court appearances are in person.

Monday, Nov. 1

9:30 a.m. – A three-day jury trial will begin in Delaware federal court on audio company Shure’s claim that an array of microphones made by communication-device company ClearOne infringe a Shure design patent. ClearOne denies that its BMA CT ceiling-tile microphone array infringes Shure’s patent for an allegedly similar array, and says the patent is invalid. A separate claim over ClearOne’s alleged infringement of a Shure utility patent is on hold pending a related Patent Trial and Appeal Board proceeding. U.S. District Judge Richard Andrews is presiding.

The case is Shure Inc v. ClearOne Inc, U.S. District Court for the District of Delaware, No. 1:19-cv-01343. For Shure: Gerald Ivey and Elliot Cook of Finnegan Henderson Farabow Garrett & Dunner, Michael Kelly and Alexandra Joyce of McCarter & English, Vladimir Arezina of VIA Legal. For ClearOne: Douglas Dixon and Christine Woodin of Hueston Hennigan, Michael Flynn of Morris Nichols Arsht & Tunnell.

10 a.m. – The U.S. Court of Appeals for the Federal Circuit will hear prolific inventor Gilbert Hyatt’s appeal of a Virginia federal court decision dismissing his claims that the U.S. Patent and Trademark Office has a policy of refusing to examine hundreds of his patent applications, which the lower court said are of “unprecedented, inordinate length, complexity, and interrelatedness.” The central question for the district court should have been whether Hyatt could substantiate the secret no-patents-for-Hyatt rule alleged in his complaint — which Hyatt was able to do,” his appeal brief said. The case is part of a long-running series of legal disputes between Hyatt and the PTO.

The case is Hyatt v. U.S. Patent and Trademark Office, U.S. Court of Appeals for the Federal Circuit, No. 21-1708. For Hyatt: Andrew Grossman and Mark DeLaquil of Baker & Hostetler.

Tuesday, Nov. 2

10 a.m. – The Federal Circuit will hear an appeal of an award of over $170 million for Rockville, Maryland-based Meso Scale Diagnostics on its patent infringement claims against Roche Diagnostics Corp. A jury found Roche’s cobas medical lab testing machines infringed three Meso Scale-licensed patents related to technology for detecting specific substances in biological samples using electricity, chemistry, and light. Roche argues on appeal that Meso Scale’s license couldn’t support its claims, the amount of damages wasn’t justified, and Roche didn’t induce customers to use its technology in an infringing way, among other things.

The case is Roche Diagnostics Corp v. Meso Scale Diagnostics LLC, U.S. Court of Appeals for the Federal Circuit, No. 21-1609. For Roche: James McKeown of Foley & Lardner. For Meso Scale: Steven Derringer of Bartlit Beck.

Know of an event that could be included in an upcoming Week Ahead in Intellectual Property? Contact Blake Brittain at blake.brittain@thomsonreuters.com

Blake Brittain

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at blake.brittain@thomsonreuters.com

Read More

Zonia Kazmierczak