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Remote Appliance Control Patent Compared to Pony Express, Invalid Under Section 101

Karamelion has asserted its two patents more than 40 times since the summer of 2018, typically settling the cases prior to a responsive pleading. This activity will have to go on hold, at least for the time being, as the U.S....more

D. Delaware Awards Attorneys' Fees Due To Weak Section 101 Arguments, Patent Litigation Conduct

CompanyCam moved to dismiss plaintiff's complaint because the asserted '872 patent, titled "Device and Method for Embedding and Retrieving Information in Digital Images," was directed to ineligible subject matter. The U.S....more

Federal Circuit: Purported Technological Solution Must be Claimed to Survive a Section 101 Inquiry

Dropbox and its subsidiary asserted three patents against Synchronoss Technologies related to "Secure Delivery of Information in a Network," "File Upload Synchronization" and a "System and Method for Personal Data Backup for...more

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more

SDNY: Collateral Estoppel Halts Social Media Patent Case

In late 2018, Plaintiff NetSoc sued Chegg in the U.S. District Court for the Southern District of New York (SDNY), alleging infringement of a patent directed to "establishing and using a social network to facilitate people in...more

Fed. Cir. Affirms It: Facilitating Cross-Marketing Relationships an Invalid Abstract Idea

On Tuesday, the Federal Circuit affirmed a District of Delaware decision without a written opinion. The Delaware decision, from late 2018, granted LinkedIn's motion to dismiss the plaintiff's patent suit, finding the asserted...more

D. Utah Cellspin Not Section 101 Intervening Law

This summer, the District of Utah dismissed Simio’s lawsuit against Flexsim Software, finding that the asserted patent was not patent eligible under Section 101. Simio responded by asking the court to vacate its judgment or,...more

S.D.N.Y.: Money Transfer Patent Directed to Patent-Ineligible Subject Matter

Western Express Bancshares (WEB) alleged that Green Dot’s sale of debit cards infringed WEB’s patent, which was directed to a method of transferring money through a bank card where (1) the card was linked to a bank account,...more

Dog Tug Toy Withstands Section 101 Challenge (N.D. Illinois)

FYF-JB sued Pet Factory for allegedly infringing a patent related to a tug toy that comprises: at least one gripping member; a central portion; and a noise maker designed to emit a sound when one applies force. The patent...more

We Have a Jury Verdict on Patent Eligibility

The Berkheimer effect is real and may be a lifeline for a plaintiff to survive a motion to dismiss or summary judgment. But at some point, those genuine disputes of material fact will be put to a jury....more

Patent Directed to Testing Electronic Circuits Using a Laser Beats § 101 Challenge

Plaintiff SEMICAPS filed suit in the Northern District of California, alleging infringement of U.S. Patent No. 7,623,982, which relates to the testing of electronic circuits using a laser. The defendants moved to dismiss the...more

Call Interface Patent Survives Early Section 101 Challenge in Delaware

Mod Stack accused Aculab of infringing U.S. Patent No. 7,460,520, which relates to "a system and method for simultaneously interfacing with different types of call controllers in a voice gateway." The patent specification...more

D. Delaware Invalidates Patent Directed to Onsite Data Backup; Discusses Role of Evidence, USPTO and Preemption

The District of Delaware recently found a patent directed to onsite data backup to be abstract and ineligible for patent protection. The court's discussion went beyond the standard Alice inquiry, and touched on the roles of...more

RPX: The Berkheimer/Aatrix Effect is Real

RPX’s latest quarterly review provides a deep dive on the effects of Berkheimer and Aatrix. If you forget, the Federal Circuit found in those two 2018 cases that Section 101 motions – at the Rule 56 and Rule 12 stages,...more

Vehicle Control Patent Survives Early Eligibility Challenge

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

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