On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v....more
Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more
Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more
In Bell Semiconductor, LLC v. Omnivision Technologies, Inc., 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for...more
We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the first wave suit, on October 5, 2021 AbbVie...more
In CardioNet, LLC, et al. v. InfoBionic, Inc., the Federal Circuit reversed a district court’s ruling that affirmed a defendant’s 12(b)(6) motion that the asserted claims are invalid under 35 U.S.C. § 101, based on step one...more
Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more
The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more
In Lexington Luminance LLC v. Service Lighting and Electrical Supplies, Inc. d/b/a 1000bulbs.com, 3-18-cv-01074, the District Court for the Northern District of Texas denied defendant’s motion to dismiss for failure to state...more
In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete....more
In a recent decision involving the Biologics Price Competition and Innovation Act ("BPCIA") (Genentech, Inc. and City of Hope v. Amgen Inc.) the Delaware District Court dismissed a claim seeking to enforce a statement of...more
In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more
A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases. Noting that declaratory judgment actions are of particular...more
Pro se Plaintiff Chikezie Ottah (“Plaintiff”) sued fifteen automobile companies for patent infringement alleging that defendants’ car mounted cameras infringe U.S. Patent No. 7,152,840 (“the ’840 patent”) entitled “Book...more
Thynge, C. M. J. Report and recommendation recommending that defendants’ motion to dismiss for failure to state a claim be granted in part and dismissed in part. The disputed technology relates to methods of fabricating...more
Every day, millions of people are subjected to a frustrating experience -- finding a place to park their automobiles. Whether at the train station, the sports stadium, a festival, or a popular restaurant, circulating through...more
Defendant claims the patent-in-suit claims ineligible subject matter and is therefore invalid under § 101. The invention uses computer technology for promotional gaming methods. Applying the 2-step Alice step, The court...more
Stark, C. J. The court rules on objections to the magistrate judge’s Report and Recommendation. Magistrate Burke issued a report and recommendation on April 28, 2015 and the parties filed objections. The court ruled as...more
Robinson, J. Defendants’ motions to dismiss the complaint for failure to state a claim are denied. Claim 1 is a method claim and the accused network congestion management practices are used by defendants internally. The...more