Blake Wong

Blake Wong

McDermott Will & Emery

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“A Hole” Can Refer to Multiple Holes - Eidos Display, LLC v. AU Optronics Corp.

Addressing indefiniteness in a post-Nautilus world, the U.S. Court of Appeals for the Federal Circuit concluded that the claim limitation “a contact hole” could refer to multiple, separate contact holes and was not indefinite...more

5/4/2015 - Appeals AU Optronics Corp Indefiniteness Patent Infringement Patents

Tangible Claim Elements Failed to Save Abstract Business-Method Patent - Dell Inc. v. Disposition Servs. LLC

Further clarifying its views on subject-matter eligibility, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that a patent describing the disposal of obsolete assets—for example,...more

3/6/2015 - Dell Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents

Solving Problems Unique to the Internet May Be Patent-Eligible - DDR Holdings, LLC, v. Hotels.com, L.P.

In another decision sculpting the contours of what is patent-eligible subject matter under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit determined that an invention that combined one webpage with a...more

2/4/2015 - Appeals CLS Bank v Alice Corp DDR Holdings v Hotels.com Internet Patent Litigation Patent-Eligible Subject Matter Patents Websites

Ineligible Subject Matter in One Court Is Still Ineligible in Another

DietGoal Innovations LLC v. Chipotle Mexican Grill, Inc. - Addressing the issue of whether the court was bound by another court’s holding that a patent was invalid for being directed to patent-ineligible subject...more

12/1/2014 - Chipotle Grill Collateral Estoppel Patent Litigation Patent-Eligible Subject Matter Patents Summary Judgment Validity

Method Implemented on Generic Computers Is Not Patent Eligible, but Method for Processing Paper Checks Is

Salesforce.com, Inc. v. Virtualagility, Inc. and U.S. Bancorp v. Solutrain, Inc. - In a pair of covered business method (CBM) decisions, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or...more

11/12/2014 - Computer-Related Inventions Covered Business Method Patents Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Popular Salesforce

Patent Owner Cannot Assert a Claim That Is Missing a Material Limitation

H-W Tech., L.C. v. Overstock.com, Inc. - Addressing an attempt by a patent owner to assert a patent claim that was missing a material limitation, the U.S. Court of Appeals for the Federal Circuit affirmed a summary...more

9/3/2014 - Appeals Overstock.com Patent Litigation Patents USPTO

Inferring Trade Secret "Use" Based on the Potential for Harm

Aspen Tech., Inc. v. M3 Tech., Inc. - Addressing the question of what constitutes “use” of a trade secret absent direct evidence, the U.S. Court of Appeals for the Fifth Circuit upheld the jury’s finding of...more

7/11/2014 - Appeals Misappropriation Trade Secrets

Data-Encryption Is Patent Eligible Despite Not Being Tied to a Particular Machine - TQP Development, LLC v. Intuit Inc.

Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a particular machine, Judge William Bryson, sitting by designation in the U.S....more

4/8/2014 - Data Protection Encryption Patent-Eligible Subject Matter Patents

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

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