September 16, 2020 | By Matthew Kellogg
Nearly one year after securing wins in two inter partes review trials for his client, Partner Christopher Barkley was successful in defending an appeal. On September 11, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s August 28, 2019 decision in favor of Barkley’s client LoganTree LP, backed by inventor Theodore Brann.
LoganTree defended itself against claims from the technology giant Garmin that the claims in Mr. Brann’s patent were invalid over prior art. The disputed patent is U.S. Patent No. 6,059,576 (the ‘576 patent), which broadly covers a portable electronic device, system and method for monitoring of body parts during physical activity.
In the conclusion of its ruling, the Court of Appeals “affirmed the Board’s decision holding that Garmin did not prove that the challenged claims of the ‘576 patent are unpatentable.” Circuit Judge Raymond Chen wrote the decision, and judges Jimmie Reyna and Kathleen O’Malley also served on the federal appeals court panel.
“We are very happy for our client and the successful defense for retention of their property rights,” Barkley said. “We were confident the Court would agree with the Patent Trial and Appeal Board’s decision.”
Along with Mr. Barkley from the firm’s Los Angeles office, LoganTree was represented by McCathern Partners Arnold Shokouhi and James Sherry of the firm’s Dallas office.
The case was Garmin International, Inc. and Garmin USA, Inc. (Appelants) vs. LoganTree, LP (Appellee), appeals from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board in case numbers IPR2018-00564 and IPR2018-00565.