News & Analysis as of

Evonik Invests In Biosynthetic Technologies, Maker Of Biobased Lubricants

In a July 16, 2014, announcement, Evonik stated it has closed on an equity investment in Biosynthetic Technologies, LLC (BT), a specialist in biobased lubricants headquartered in Irvine, California. BT has developed and...more

Expanded Technologies Seeks Declaration of Non-Infringement and Invalidity of Wallner's “Expanded Metal” Patent

On May 9, 2014, Expanded Technologies, Inc. (“Expanded Tech”) filed a complaint against WallnerTooling/Expax, Inc. (“Wallner"), seeking both a Declaration of Non-Infringement and a Declaration of Invalidity of U.S. Patent...more

What Did the Court Really Say About Patent Eligibility?

Implications of Alice v. CLS Bank - Late last week, the United States Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al., a case the technology community had hoped would clarify what kinds of...more

Alice In Wonderland

For those of you interested in the patent component of “the useful Arts,” the Supreme Court recently issued its decision in Alice Corp. v. CLS Bank Int’. The decision was much anticipated because of the impact it was...more

U.S. Supreme Court Affirms That Abstract Ideas Are Patent-Ineligible Alice Corp. Pty. Ltd. v. CLS Bank Int'l

In a unanimous decision, the U.S. Supreme Court affirmed the Federal Circuit's en banc decision that petitioner Alice Corporation's asserted patent claims are invalid for being directed to a patent-ineligible abstract idea....more

U.S. Supreme Court Rules Abstract Idea Implemented on Generic Computer is Not Patent Eligible

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on...more

Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible

The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more

Software Is Still Patentable, With Caveats

On Thursday, the Supreme Court issued its long-awaited opinion on software and business method patents in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. In a unanimous opinion written by Justice Thomas, the Court held all of...more

All Our Patents Still Belong to Us

On June 12, Tesla CEO Elon Musk announced that the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology." This move was hailed by some as a win for those who support...more

Optimizing Your IP Strategy: Modern, technology-driven organisations must focus on management of IP

As markets become more global and driven by new technologies, a well-thought-out IP strategy is becoming even more critical for businesses. Imagine spending time, money and resources developing a new process or...more

Microwave Vision Asserts Use of Goniometer for Antenna Measurement Infringes Patent

Microwave Vision, S.A., Satimo Industries, SAS, and SatimoUSA, Inc. (“Microwave Vision”), filed a complaint in the Northern District of Georgia against ESCO Technologies Inc. and ETS-Lindgren (“ESCO”), alleging a single count...more

Incubate This: Trade Secrets Lessons From HBO’s Silicon Valley [May Contain Spoilers]

HBO’s new series Silicon Valley satirizes the tech zeitgeist born and bred in the region that is the show’s namesake by following a group of young software developers on their journey to build the next billion-dollar startup....more

Federal Circuit to Judge Posner: eBay Analysis Is a Must

The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more

IP & Technology Newsletter (Spring 2014)

In this issue: - Special Report: US Supreme Court Will Decide Key IP Cases in 2014 - Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines - Design Patents: The Federal Circuit...more

Good to Go – Airwatch Succeeds in Remand Motion of Good Technology Claims

The remand and dismissal motions of Airwatch LLC (“Airwatch”) and Good Technology Corporation and Good Technology Software, Inc. (“Good”), respectively, were the subject of an earlier post. Judge Duffey’s Opinion and Order...more

Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Core Issues - New Patents in the World of Apples

When one speaks of an “apple” and patentable technology in the same breath, thoughts naturally turn toward Silicon Valley and Steve Jobs’ storied company. Yet, in Wenatchee, Washington (the “Apple Capital of the World”), and...more

Significant Uptick in Royalty and Patent Stream Monetizations (Quorum, March 2014)

One of the areas where Cadwalader has seen a significant pickup in activity levels in 2013 and early 2014 is royalty and patent stream monetizations. In 2013, we helped clients complete 10 royalty and patent monetization...more

Toshiba & Samsung Argue - Technology Evolves/Patent Claims Don't

Judge Steve C. Jones entered a Markman Order (full order here) in the dispute between Synchrome Technology Inc. (“Synchrome”), as plaintiff, and Toshiba America Information Systems, Inc. (“Toshiba”), and Samsung...more

Emblaze v. Apple: Court Declines to Stay the Case Pending the United States Supreme Court's Decision in Akamai v. Limelight...

In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more

An Accused Device Is “Modified” by the Installation of Software - Nazomi Commc’ns., Inc. v. Nokia Corp.

Revisiting the wording of claims that recite a combination of hardware and software, the U.S. Court of Appeals for the Federal Circuit upheld a holding of non-infringement. Nazomi Commc’ns., Inc. v. Nokia Corp., Case No....more

Preliminary Response that Addresses the Merits of Petition Again Fails in Grant of IPR Trials

Time and again, Patent Owner arguments on the merits in Preliminary Responses have been smothered by expert testimony and other evidence that is allowed with a petition. As such, as IPR practice has evolved, more and more...more

Business Litigation Report -- December 2013

In This Issue: Firm News: ..Quinn Emanuel London Sweeps in Legal 500’s United Kingdom Awards 2013 ..Quinn Emanuel Named to Law360’s List of the “Most Feared Plaintiffs’ Firms” and The National Law Journal’s...more

2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by...more

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