News & Analysis as of

Google Patents

“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record

by K&L Gates LLP on

The Federal Circuit recently reminded litigants of the importance of developing a full record in district court and Patent Trial and Appeal Board (“PTAB”) proceedings. In Google Inc. v. SimpleAir, Inc., the Federal Circuit...more

Vague Claim Construction Arguments Before The PTAB May Trigger A Waiver On Appeal

by Brinks Gilson & Lione on

The Patent Trial and Appeal Board (PTAB) upheld the patentability of U.S. Patent No. 8,601,154 (“the ‘154 patent”), owned by SimpleAir, Inc. (“SimpleAir”) in an inter partes review petition filed by Google. Google Inc. v....more

Federal Circuit is No Place to Make New Claim Construction Arguments

The Federal Circuit has consistently made clear that arguments not first made to the PTAB will not be considered on appeal. Google fell victim to this well-worn concept in Google Inc. v. SimpleAir, Inc., 2016-1901 (CAFC March...more

Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review

by Jones Day on

In a decision dated February 27, 2017, the Board denied institution of Google Inc.’s petition for Covered Business Method Patent Review of claims 20, 21, 23–26, 28, and 29 of U.S. Patent No. 6,128,651 (“the ’651 patent”)...more

Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to...

by Brooks Kushman P.C. on

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of...more

Trade Secret Misappropriation in the World of Driverless Cars: Google versus Uber

On Thursday, Waymo LLC sued Uber Technologies and Ottomotto LLC in federal court in the Northern District of California for: (1) violation of the federal Defend Trade Secrets Act; (2) violation of California’s Uniform Trade...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

FinCEN is extending its campaign to press title insurance companies to reveal the real buyers behind shell companies that pay cash for high-end real estate deals in select cities around the country....more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

2016 PTAB Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present our 2016 PTAB Year in Review. We begin with a look at 2016 activity at the Patent Trial and Appeal Board (PTAB), which again ranked as the busiest jurisdiction in the...more

Federal Circuit Narrows Patent Eligibility for CBM Review

by LeClairRyan on

In the recently decided Unwired Planet, LLC v. Google, Inc. case, the Federal Circuit significantly narrowed the eligibility standards for covered business method (CBM) patent review. Prior to the decision in Unwired Planet,...more

IP Law December Developments: What to Expect in the Future

by Farella Braun + Martel LLP on

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Federal Circuit Broadly Affirms PTAB’s Determinations on Analogous Art, Motivation to Combine References and Obviousness of Claims

The level of deference the Federal Circuit gives to the Board’s IPR decisions has been surprising to many practitioners, considering the Court’s reputation for reversing district court decisions. The trend of deference to...more

Unwired Planet, LLC v. Google Inc. (Fed. Cir. 2016)

Federal Circuit Narrows USPTO's Definition of "Covered Business Method" - The America Invents Act (AIA) defines a covered business method (CBM) patent as "a patent that claims a method or corresponding apparatus for...more

Protective Order for Source Code

by Field Law on

A developer’s source code is considered the secret recipe of the software world – the digital equivalent of the famed Coca-Cola recipe. In Google Inc. v. Mutual, 2016 BCSC 1169 (CanLII), a software developer sought a...more

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

When Can Common Sense be Relied Upon to Find an Invention Obvious?

by Pepper Hamilton LLP on

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

LED Dispute Blazes Through Summary Judgment

A recent decision from Judge Stearns sheds new light on a dispute between Lexington Luminance (“Lexington”) and Google over LED technology. The dispute began in November, 2012, when Lexington accused Google of infringing...more

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more

Federal Circuit Review | May 2016

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

Are Transitory Signals Patent-eligible?

Computer software patents have been receiving significant upset overturn in validity since the well-known U.S. Supreme Court decision providing certain exceptions to patent eligible subject matter under 35 U.S.C. § 101, ...more

Google’s Strategic Purchase of Rights and Counterclaim Do Not Survive Delaware’s Statute of Limitations - Personalized User Model,...

by McDermott Will & Emery on

Addressing the requirements for tolling the statute of limitations (SOL), the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s grant of judgment as a matter of law (JMOL), finding that the district...more

Microsoft And Google Resolve FRAND And Other Patent Disputes

by Kelley Drye & Warren LLP on

Microsoft and Google announced that they have settled their global patent disputes, including the litigation underlying the FRAND dispute that gave rise to Judge Robart’s first-of-its-kind decision on determining a FRAND...more

Intellectual Property Bulletin - Summer 2015

by Fenwick & West LLP on

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Inter Partes Review Proceedings: A Third Anniversary Report

by Perkins Coie on

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become...more

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