Civil Procedure › Science, Computers & Technology

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

Chad Elie v. Ifrah Law PLLC

CERTIFICATE of Interested Parties filed by Defendants Alain Jeffery Ifrah, Ifrah PLLC

[Docket Text] CERTIFICATE of Interested Parties filed by Alain Jeffery Ifrah, Ifrah PLLC that identifies all parties that have an interest in the outcome of this case. . (Lund, Kenneth) (Entered: 05/21/2013)...more

Chad Elie v. Ifrah Law PLLC

CERTIFICATE of Interested Parties filed by Plaintiff Chad Elie

[Docket Text] CERTIFICATE of Interested Parties filed by Chad Elie that identifies all parties that have an interest in the outcome of this case. . (Chattah, Sigal) (Entered: 05/22/2013)...more

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case,...more

Chad Elie v. Ifrah Law PLLC

MINUTE ORDER IN CHAMBERS [re Removal of Civil Action to USDC]

[Docket Text] MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 5/21/2013. Statement regarding removed action is due by 6/8/2013. Joint Status Report regarding removed action is due by 6/23/2013. (Copies have...more

Chad Elie v. Ifrah Law PLLC

Notice of Removal of Action to USDC District of Nevada by Defendants

[Docket Text] PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-13-679951-C, (Filing fee $ 400 receipt number 0978-2825493), filed by Alain Jeffery Ifrah, Ifrah PLLC. Certificate of...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

Alice in Patentland II – Can a Look Across the Pond Help?

On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more

ITC Section 337 Update - May 15, 2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Court Report -- May 19, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract...more

Patent Eligibility of Software Innovations After CLS Bank

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

On May 10, 2013, the Federal Circuit issued deeply divided opinions on the standards to be applied to determine patent eligibility of software and business method patents, further opening the door to challenges of such...more

Court Report Supplement -- May 16, 2013

About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed...more

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

Patent Watch: CLS Bank Int'l v. Alice Corp.

[T]hough much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent....more

Federal Circuit Issues Decision on Section 101 Patent Eligibility of Computer-Implemented Inventions

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per...more