News & Analysis as of

Patent-Eligible Subject Matter Jury Verdicts

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

Farella Braun + Martel LLP

How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising...more

Holland & Knight LLP

We Have a Jury Verdict on Patent Eligibility

Holland & Knight LLP on

The Berkheimer effect is real and may be a lifeline for a plaintiff to survive a motion to dismiss or summary judgment. But at some point, those genuine disputes of material fact will be put to a jury....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Knobbe Martens

Finjan, Inc. v. Blue Coat Systems, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

Morris James LLP

Two Of The Three Patents-In-Suit Are Patent Ineligible; The Invention In The Third Is Patentable

Morris James LLP on

A trial against Symantec resulted in a jury verdict of $17 million. A section 101 decision was reserved for post-trial briefing. The Trend Micro trial is scheduled for May. The standard of proof on a § 101 motion is...more

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