Maier & Maier Obtains Grant of Summary Judgment of Invalidity Based on §101 Related to Wearable Technology

Maier & Maier

April 5, 2024 – Maier & Maier PLLC is pleased to report that we secured a victory for our client Firstbeat Technologies OY in a case involving a heart rate measuring apparatus incorporated into wearable technology. The case was originally filed by Polar Electro OY in the District of Delaware on November 7, 2011, but was eventually transferred to the District of Utah. In December of 2021, we argued our Motions for Summary Judgment (“MSJ”) before Judge Waddoups. Today, the Court issued a decision granting our MSJ that the claims of U.S. Patent No. 6,537,227 are invalid as abstract. See 1:17-cv-00139-CW, Dkt. 498. The case has now been dismissed and Judgment has been entered in favor of our client Firstbeat Technologies OY.

Maier & Maier continues to enjoy consistent and favorable results in its litigation matters. The firm has obtained favorable results when defending clients accused of infringement by competitors as well as cases brought by patent assertion entities. This victory comes on the heels of another favorable decision in an ITC 337 Investigation last month.

About Maier & Maier PLLC

Maier & Maier’s litigation team has been hard at work delivering positive results for clients. The Maier & Maier Team continues to advocate on behalf of clients in federal courts, before the Patent Trial and Appeal Board, Trademark Trial and Appeal Board, and the International Trade Commission.

Robert W Bahr Joins Maier & Maier

Maier & Maier

Maier & Maier PLLC is proud to announce its newest addition to the firm, Robert Bahr. Mr. Bahr joins Stephen Kunin as the second Maier & Maier Partner to have previously held the prestigious position of Deputy Commissioner for Patent Examination Policy at the United States Patent and Trademark Office(USPTO).

Mr. Bahr enjoyed a long and distinguished career at the USPTO having been intimately involved in nearly all patent-related rule-making at the USPTO since 1995. Mr. Bahr brings with him an expertise on USPTO patent policy, practice, and procedure that makes him a highly sought consultant and expert witness on such matters.

Maier & Maier is excited for a bright future with the addition of Mr. Bahr to our team. To inquire about Mr. Bahr’s services, please reach out to us at info@maierandmaier.com or 703-740-8322 for a consultation.

Maier & Maier Looks to Carry 2022 Momentum Forward in 2023

Maier & Maier

Maier & Maier continues to enjoy consistent and steady growth in both prosecution and litigation matters. In 2022, Maier & Maier issued over 800 total patents and maintained its positive growth trajectory, exceeding 25% year over year growth. The firm has proven its capacity for steady growth with an uncompromising commitment to delivering efficient and effective results.

Maier & Maier’s litigation team has also been hard at work delivering positive results for clients. The Maier & Maier Team continues to advocate on behalf of clients in federal courts, before the Patent Trial and Appeal Board, Trademark Trial and Appeal Board, and the International Trade Commission.

In recent weeks, Maier & Maier has continued to resolve litigations on behalf of its clients, including negotiating settlements in Altus Partners, Inc. v. Altus Market Access, Inc. in the Eastern District of California and Wave Linx LLC v. MeetingOne.com, Corp. in the District of Colorado.  Maier & Maier also successfully obtained a stay in E9 Treatments, Inc. v. Kopman LLC et al. in the Southern District of Texas.

Maier & Maier’s litigation team has extensive experience representing clients across all patent venues, before the top patent judges and against the top competitor firms.

Whether you require prosecution or litigation assistance, the Maier & Maier team remains ready to deliver for your business.

 

Maier & Maier Recognized in U.S. News “Best Law Firms” Rankings

Maier & Maier

 

Maier & Maier PLLC has been ranked as a top law firm for Patent Law in the latest U.S. News – Best Lawyers® “Best Law Firms” rankings. We are thankful for this recognition and our wonderful clients and esteemed colleagues who made this success possible.

Maier & Maier Wins Contested Institution Decision for Petitioner in Inter Partes Review

Maier & Maier

The Maier & Maier litigation team scored another victory at the Patent Trial and Appeal Board (PTAB), securing an institution order on behalf of the Petitioner, Eve Energy Co., Ltd. (“Eve”).  Despite Patent Owner Varta Microbattery GmBH’s Patent Owner Preliminary Response, the PTAB has determined that Maier & Maier, on behalf of Eve, demonstrated a reasonable likelihood that it will prevail with respect to at least one of the challenged claims.

On behalf of Eve, Maier & Maier challenged claims of U.S. Patent No. 9,496,581 on obviousness grounds.  Maier & Maier’s strategic use of testimonial evidence appears to have greatly benefited its position, while the Patent Owner Preliminary Response was limited to attorney argument without testimonial evidence.  In reaching its decision, the PTAB also agreed with Eve’s asserted level of ordinary skill in the art and Eve’s assertions regarding claim construction.

On August 9, 2021, the PTAB ordered that the inter partes review be instituted for all challenged claims.

If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.

Maier & Maier Mounts Yet Another Successful Defense at the PTAB

Maier & Maier

In their latest triumph at the PTAB, Maier & Maier PLLC has won a major victory for GREE, Inc. by securing a non-institution decision, overcoming 3 challenges to their social gaming patent asserted by Supercell Oy in PGR2018-0037.

The challenged patent (9,662,573) covers a method for controlling a server device, a server device, a computer-readable recording medium and a game system. Supercell challenged the patent on three grounds: §101, §112(a), and §112(b).

The PTAB denied institution of the challenge as to all of the claims.  The PTAB explained their decision on the §101 challenge, stating “we are unpersuaded by Petitioner’s argument that providing these sequential incentives, as claimed, was conventional and known in the prior art.”  The analysis goes on to emphasize that Supercell failed to provide evidence, such as expert testimony or contemporaneous prior art, and also failed to provide relevant case law or persuasive argument to support its contention. Meanwhile for the §112 challenges, Maier & Maier successfully demonstrated that the patent was “cast in clear—as opposed to ambiguous, vague, indefinite—terms” and that Supercell “offered no credible evidence to support its assertion”.

Since Maier & Maier showed that none of the asserted grounds for unpatentability demonstrated a reasonable likelihood of success, as discussed above, the PTAB issued a decision denying institution, dealing Supercell a serious blow in their ongoing patent litigation.

Stephen Kunin Joins Maier & Maier PLLC

Maier & Maier

July 2, 2018 (Alexandria, VA) Maier & Maier PLLC is proud to announce its newest addition to the firm, Stephen Kunin, the former Deputy Commissioner for Patent Examination Policy at the United States Patent and Trademark Office.

As an expert in patent law for over 48 years, Mr. Kunin is a highly respected member of the patent industry. One of the masterminds of the revisions to the Rules of Practice and Manual of Patent Examining Procedure, Mr. Kunin worked over 3 decades at the U.S. Patent Office, serving his final ten years as Deputy Commissioner for Patent Examining Policy, and winning 9 Medals (4 Gold) from the Department of Commerce, a Career Achievement Award from the USPTO, and a Reinventing Government Hammer Award from the Vice President, among other notable distinctions.

Mr. Kunin brings with him an expert level of knowledge in every aspect of prosecution and post-issuance proceedings, a highly strategic thought leader on the tactical advantages of post-grant procedures in lieu of traditional litigation, and his continued specialty as a highly sought consultant and expert witness on all matters relating to USPTO patent policy, practice, and procedure.

Timothy Maier, Managing Partner of Maier & Maier, commented that “Stephen Kunin has a deep well of knowledge on patent issues, starting with his time at the Patent Office and continuing today. He’ll be an invaluable resource to our firm and his expertise will help us provide our clients with the best service possible.”