Common Sense Prevails -
B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found certain claims of B/E's aircraft lavatory-related patents obvious.
B/E contended that...more
Functional Language in Device Claim Ignored for Patentability Purposes -
The U.S. Patent and Trademark Office Patent Trial and Appeal Board recently issued a decision indicating that certain claims of a patent directed to...more
The Federal Circuit recently issued a decision further clarifying the Patent Trial and Appeal Board's (PTAB) ability to invalidate claims on reconsideration even when the claims were not addressed in the final written...more
Video Game Patent Found to be Patent Eligible -
In the U.S. District Court for the District of Delaware, Plaintiff (Blackbird) sued Defendant (Niantic) alleging infringement of U.S. Patent No. 9,802,127. Niantic filed the...more
Signal Processing Claims Found to be Patent Eligible -
In the U.S. District Court for the Central District of California, Hybrid Audio, LLC sued Visual Land, Inc. for patent infringement with respect to audio signal...more
U.S. Government Fails in Attempt to Invalidate U.S. Patents under § 101 -
In a bit of an ironic outcome, the U.S. government was unsuccessful in invalidating U.S. patents under § 101. It seems odd that the government...more
Telephone Call Processing Patent Claims Found Invalid under 35 U.S.C. § 101 -
In the United States District Court for the District of Delaware, Plaintiff filed a declaratory judgment action on seeking a declaration that...more
On July 27, 2017, the Federal Circuit issued an opinion in Audatex North America, Inc. v. Mitchell International, Inc., upholding the U.S. Patent and Trademark Office Patent Trial and Appeal Board's (PTAB) decision in which...more
Interpreting Real-Time Sensory Data from Electrical System Found to Be Abstract Idea and Patent Ineligible -
Power Analytics Corp. sued Operation Technology in the U.S. District Court for the Central District of California...more
Message Publishing Patents Found Invalid under 35 U.S.C. § 101 -
In a recent decision by the U.S. Court of Appeals for the Federal Circuit, the Court held all asserted claims of five U.S. patents to be invalid under 35...more
Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible -
In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a...more
File-Searching Software Patent Found to be Patent Eligible -
Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more
Federal Circuit Finds Another Software Patent Invalid under Section 101 -
The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more
Message Exchange Patent Held Invalid under Section 101 -
Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for...more
In the U.S. District Court for the Eastern District of Texas, in a case captioned Perdiemco, LLC. v. Industrack LLC, the Court found some patents having method claims directed to "conveying user location" to be...more
On October 11, 2016, the Federal Circuit issued a precedential opinion in FairWarning IP, LLC v. Iatric Systems, Inc. affirming dismissal of a patent infringement suit brought by FairWarning holding that the asserted patent,...more
"Computer Display System" Patent Found Invalid under § 101 -
Tridim Innovations LLC sued Amazon.com, Inc. for patent infringement of U.S. Patent Nos. 5,838,326 and 5,847,709 in the U.S. District Court for the Northern...more
On March 10, 2016, Silver Star Capital, LLC filed a petition for Inter Partes Review of U.S. Patent No. 6,212,079 (IPR2016-00736). The patent owner is Power Integrations, Inc. On its face, this seems like another IPR filed...more
Last month, the U.S. District Court for the Western District of Washington granted Defendant Amazon.com's Motion to Dismiss for Invalidity under 35 U.S.C. § 101 on the grounds that the two patents asserted by Plaintiff...more
In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more
7/26/2016
/ Abstract Ideas ,
Applications ,
Inventors ,
LendingTree ,
Loans ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents ,
USPTO ,
Zillow
The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more
6/28/2016
/ Abstract Ideas ,
AT&T Mobility ,
CLS Bank v Alice Corp ,
Failure To State A Claim ,
Internet Service Providers (ISPs) ,
Patent Infringement ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents
Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar -
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more
6/7/2016
/ aBLA ,
Amended Regulation ,
America Invents Act ,
Amgen ,
Apotex ,
Appeals ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Community Trademark ,
Declaratory Judgments ,
EU ,
Filing Fees ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Inventions ,
Notice Requirements ,
On-Sale Bar ,
Patent Dance ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Popular ,
Preliminary Injunctions ,
Prior Art ,
Public Use ,
Renewal Fees ,
Sandoz ,
Sandoz v Amgen ,
Trademark Registration ,
Uniform Commercial Code (UCC) ,
USPTO
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to...more
PTAB Ignores District Court Claim Construction, Finds Patent Invalid -
On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more
3/18/2016
/ Abstract Ideas ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
CLS Bank v Alice Corp ,
Covered Business Method Proceedings ,
Motion to Amend ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
SCOTUS
Producing "digital labels" is Patent Eligible under § 101 -
On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream...more