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Epic Tech, LLC v. Fusion Skill, Inc. (S.D. Tex. 2021)

Electronic Gaming Patents Found Invalid under § 101 - In the U.S. District Court for the Southern District of Texas (Houston Division), Plaintiff Epic Tech, LLC (a seller of so-called "sweepstakes games") sued...more

B/E Aerospace, Inc. v. C&D Zodiac, Inc. (Fed. Cir. 2020)

Common Sense Prevails - B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found certain claims of B/E's aircraft lavatory-related patents obvious. B/E contended that...more

In re Rudy (Fed. Cir. 2020)

Claims Directed to Selecting Fishing Hooks for Use Are Not Patentable - Christopher John Rudy, represented pro se, appealed from a decision of the Patent Trial and Appeal Board ("Board") affirming the rejection of claims...more

Eyetalk365, LLC v. Zmodo Technology Corp. (D. Nev. 2018)

Video Doorbell Patent Found to Be Patent Eligible - Plaintiff Eyetalk365, LLC sued Defendant Zmodo Technology Corp. for infringement of U.S. Patent No. 9,432,638, entitled "Communication and Monitoring System," which issued...more

Science Application International Corp. v. United States (Fed. Cl. 2018)

U.S. Government Fails in Attempt to Invalidate U.S. Patents under § 101 - In a bit of an ironic outcome, the U.S. government was unsuccessful in invalidating U.S. patents under § 101. It seems odd that the government...more

Dialware Communications, LLC v. Hasbro, Inc. (C.D. Cal. 2017)

In the U.S. District Court for the Central District of California, Dialware Communications sued Hasbro, Inc. alleging that Hasbro's Furby toys infringe on five patents: U.S. Patent Nos. 7,183,929 (the "'929 Patent"),...more

Samsung Electronics Co. v. Straight Path IP Group, Inc. (Fed. Cir. 2017)

In a nonprecedential decision, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board in inter partes review proceedings which upheld the patentability of claims due to construction of the claim term "is...more

Credit Acceptance Corp. v. Westlake Services (Fed. Cir. 2017)

Claims Directed to Providing Financing for Allowing a Customer to Purchase a Car found Invalid under 35 U.S.C. § 101 - In a precedential opinion, the Federal Circuit affirmed a final written decision of the Patent Trial...more

Sungkyunkwan University v. LMI Technologies (USA) Inc. (N.D. Cal. 2017)

Method for Processing Images from 3D Camera System Found Invalid under 35 U.S.C. § 101 - It is well-known law today that under 35 U.S.C. § 101, a patent claim that recites a solution to a problem but not the means of...more

In re Apple Inc. (Fed. Cir. 2017)

Acting as Lexicographers Saves Patent from Being Found Invalid - In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to create a claim term and...more

Icon Health & Fitness, Inc. v. Polar Electro Oy (D. Utah 2017)

Claims Lacking Details Found to be Directed to Patent-Ineligible Subject Matter - In the U.S. District Court for the District of Utah (Central Division), Polar filed a motion for judgment on the pleadings contending that...more

Twilio, Inc. v. Telesign Corp. (PTAB 2017)

No CBM Review for On-Line Registration Patent Having Financial Applications and Uses - Twilio Inc. filed a Petition requesting covered business method patent review of claims 1–18 of U.S. Patent No. 9,300,792. The Board...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

Intellectual Ventures LLC v. Semantic Corporation and Veritas Technologies LLC (D. Del. 2017)

Patent Directed to System for Remote Mirroring of Digital Data Found Invalid under Section 101 - Intellectual Ventures brought a patent-infringement suit against Symantec Corpo. and Veritas Technologies asserting that...more

Secure Axcess, LLC v. PNC Bank National Association (Fed. Cir. 2017)

Federal Circuit Finds That USPTO Board Interpreted CBM Statute Too Broadly - In an appeal of a Covered Business Method (CBM) patent review, the Federal Circuit overturned a decision by the U.S. Patent and Trademark...more

Fitbit, Inc. v. AliphCom (N.D. Cal. 2017)

Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible - In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a...more

Xilinx, Inc. v. Papst Licensing GmbH & Co. KG (Fed. Cir. 2017)

Personal Jurisdiction Exists Due to Warning Letters and Prior Litigations in Forum - Establishing personal jurisdiction in the United States over a company operating in a foreign country can be difficult. How does a...more

Integrated Technological Systems, Inc. v. First Internet Bank of Indiana (E.D. Tex.)

Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter - In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank...more

Zircore, LLC v. Straumann Manufacturing, Inc. (E.D. Tex. 2017)

Method for Manufacturing Product (Dental Crown) Found to be Patent Eligible - Zircore sued Straumann Manufacturing for patent infringement in the U.S. District Court for the Eastern District of Texas (Marshall Division)...more

In re Van Os (Fed. Cir. 2017)

"Intuitive" to Combine Insufficient to Support Obviousness Rejection - The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more

iVenture Card Traveler Ltd v. Smart Destinations, Inc. (PTAB 2016)

Patent Directed to Programmable Ticketing System Determined to be Eligible for Covered Business Method Patent Review - Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business...more

NRT Technology Corp. v. Everi Payments, Inc. (PTAB 2016)

Second CBM Petition Denied As "Second Bite at the Apple" - The U.S. Patent and Trademark Office Patent Trial and Appeal Board issued a decision denying institution of a covered business method (CBM) patent review in a...more

Apple, Inc. v. Ameranth, Inc. (Fed. Cir. 2016)

Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter - The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three...more

Location-Based Online Gaming Patents Found to be Directed to Patentable Subject Matter

Plaintiff CG Technology Development, LLC sued Defendants Bwin.Party Digital Entertainment, PLC in the U.S. District Court for the District of Nevada for infringement of various patents via operation of various online casino...more

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