A district court recently granted a Rule 12(b)(6) dismissal of patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts, deciding that the asserted claims are patent...more
The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to a graphical user interface that seeks to enhance how search results are displayed to a user. The court agreed that the claims are...more
Judge Wu in the Central District of California recently granted dismissal of patent infringement claims directed to generating and sharing video content over a social network because they are patent ineligible under 35 U.S.C....more
A court in the District of Colorado recently denied dismissal of patent infringement claims, holding that the asserted claims directed to plunger lift systems for cultivating natural gas from an oil-and-gas well are patent...more
The Eastern District of Virginia recently dismissed a patent infringement claim, holding that the asserted claim directed to natural speech processing is patent ineligible under 35 U.S.C. § 101, because it fails the Alice...more
Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline...more
Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more
Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more
While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more
11/12/2020
/ Abstract Ideas ,
Claim Construction ,
CLS Bank v Alice Corp ,
Federal Rule 12(b)(6) ,
Inventive Concept Test ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Question of Fact ,
Section 101
A recent initial determination at the U.S. International Trade Commission (ITC) determined that claims directed to semiconductor chips with no lower bounds for recited gate pitch and width ranges (e.g., “less than or equal to...more
The Federal Circuit recently affirmed a district court’s dismissal because the claims directed to an interactive video game for learning to play guitar were patent-ineligible under 35 U.S.C. § 101. In its ruling, the court...more
6/18/2020
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Section 101 ,
Video Games
In a recent decision, the Federal Circuit vacated the district court’s summary judgment of non-enablement because the systems identified by patent challengers as non-enabled under § 112 were not covered by the claims. Because...more
6/8/2020
/ Abstract Ideas ,
Computer-Related Inventions ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Remand ,
Section 101 ,
Section 112 ,
Statutory Requirements ,
Vacated
The Federal Circuit recently affirmed a district court’s holding that a merger clause in a patent license settlement agreement did not extinguish a prior covenant not to sue on the same patent because the agreement did not...more
2/3/2020
/ Contract Interpretation ,
Covenant Not to Sue ,
Exclusive Licenses ,
License Agreements ,
Merger Agreements ,
Merger Clause ,
Mergers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Settlement Agreements
Chief Judge Gilstrap of the Eastern District of Texas held that the litigation conduct of defendants Huawei Device USA, Inc. and Huawei Device (Shenzhen) Co., Ltd. (collectively, “Huawei”), in a patent infringement action,...more
12/9/2019
/ Affirmative Defenses ,
Attorney's Fees ,
Damages ,
Declaratory Judgments ,
Enhanced Damages ,
Exceptional Case ,
FRAND ,
Huawei ,
Jury Awards ,
Patent Infringement ,
Patents ,
Subject Matter Jurisdiction ,
Totality of Circumstances Test ,
Willful Infringement