Science, Computers & Technology Intellectual Property Civil Procedure

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District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation

The U.S. District Court for the District of Delaware accepted Merck’s arguments that method of treatment patents asserted by BMS against its Keytruda product “touch[] upon a natural phenomenon” such that they should be...more

Transfer To Western District Of Washington Is Granted

The disputed technology relates to personal transporter devices. Defendant seeks to dismiss on the basis of lack of personal jurisdiction. The court denies the motion to dismiss, noting that the record demonstrates...more

Information Network Patent Survives Motion to Dismiss Based on Alice

Treehouse Avatar LLC sued Valve Corporation in the District Court of Delaware, alleging infringement of U.S. Patent No. 8,180,858 (“the ‘858 patent”), titled “Method and System for Presenting Data Over a Network Based on...more

TVEyes on the Prize: Clarifying the Law of Copyright Fair Use

TVEyes is a media monitoring service, claiming, “to organize the world’s TV and radio broadcasts and make them universally searchable by the spoken word.” Founded in 1999, the service uses innovative “audio mining”...more

Avago Technologies General IP (Singapore) Pte Ltd. v. Asustek Computer, Inc. (N.D. Cal. 2016)

"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible - On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying...more

Discovery Dispute Regarding Key Word Searches Is Granted In Part And Denied In Part

Plaintiff requests that defendant search its database for documents containing the following terms: charge sharing, power race, contention, and short circuits and their synonyms. Plaintiff justifies this discovery on the...more

Summary Judgment Upheld In Avatar Creators’ Favor After California Appellate Court Determines That Film Is Not Substantially...

James Cameron’s 2009 box-office hit Avatar is the subject of a California idea submission lawsuit that was decided in Cameron’s favor both at the trial and appellate level, in Eric Ryder v. Lightstorm Entertainment, Inc., et...more

Summary Judgment Motions Regarding Written Description And Enablement Are Denied

Plaintiff filed this action to review the final decision and judgment of the Board of Patent Appeals and Interferences. Plaintiff’s motion for summary judgment that its priority date with respect to the count is no later...more

Patents-In Suit In ANDA Trial Are Non-Obvious

A 6-day bench trial was held from April 6-14, 2015. After trial, the court entered stipulations and orders regarding infringement of certain claims of the ‘178 and ‘206 patents. The court rejected defendant’s claim that the...more

Post-Trial Finding Of Non-Obviousness Issues

A 6-day bench trial was held from April 6-14, 2015. The court considers post-trial findings of fact and conclusions of law relating to validity of U.S. Patent No. 8,613,950 challenged by defendant on the basis of obviousness....more

Claims Are Construed In Glass Manufacturing Process Case

The disputed technology relates to glass manufacturing. The following terms were considered: - “mixed color cullet” - “unsorted”...more

The Supreme Court - May 2016

The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Amici Support Certiorari in Sequenom v. Ariosa

In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of...more

Venue for Patent Infringement Cases is Well Established; a Corporate Defendant can be Sued Wherever it Can be Found

In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by...more

Judge Griesa Grants Endo an Injunction Against Generic Manufacturers of Opioid Opana ER

On April 29, 2016, S.D.N.Y. District Judge Thomas P. Griesa granted Defendants Actavis, Inc., Actavis South Atlantic LLC (together “Actavis”) and Roxane Laboratories, Inc.’s motion to correct the court’s August 14, 2015...more

IP World Tour: Snapshots of Overseas IP Protection

No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more

District Court Declines to Grant Voluntary Dismissal of Action with Motion for Judgment on the Pleadings Pending Where Patent Was...

After a district court in the Eastern District of Virginia invalidated the patent-in-suit because it did "not pass the two part test laid out by the Supreme Court in Mayo and Alice." Peschke Map Techs. LLC v. Rouse Properties...more

Federal Circuit Applies Broadened Test For Divided Infringement

On April 18, 2016, the Supreme Court denied certiorari in Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir., August 2015) (“Akamai IV”), cert. denied, 2016 U.S. LEXIS 2768. The Court declined...more

Supreme Court Denies Petition to Review Expanded Theory of Joint Infringement

On Monday the Supreme Court denied certiorari in Limelight Networks Inc. v. Akamai Technologies Inc. et al, Case No. 15-993. Limelight had petitioned the Court in January, urging for review of the Federal Circuit’s en banc...more

An Illuminating Discussion About Design Patents

Design patents protect the aesthetic appearance of a product or portion of the product. The aesthetic appearance is affected by a number of things, including whether the product is illuminated. However, how does one capture...more

Having A Bad Hair Day? The Federal Circuit Agrees That Method Of Cutting Hair Is Invalid Under 101

While I do not usually write about non-precedential decisions, In re: Brown caught my eye as an interesting patent eligibility case. It does not relate to diagnostics or computer programs, but rather to the art of cutting...more

Still Bigger in Texas: Federal Circuit Maintains Patent Venue Rules in In re: TC Heartland LLC

On April 29, 2016, the U.S. Court of Appeals for the Federal Circuit issued an Order denying TC Heartland LLC’s petition for a writ of mandamus, affirming the scope of venue in patent cases, and declaring that “[t]he...more

Justice Breyer to Diagnostic Test Patentees – “Abandon Hope All Ye Who Enter Here.”

Kevin Noonan recently posted an article entitled “The Fantastical World of Justice Stephen Breyer” that demonstrates, via Breyer’s quotes during various oral arguments, his suspicion that the patent system is, for example,...more

In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range

Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more

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