Podcast: The Briefing by the IP Law Blog - Could Netflix Be Liable in "When They See Us" Defamation Case?
The Briefing by the IP Law Blog: Could Netflix Be Liable in "When They See Us" Defamation Case?
In Hantz Software, LLC, v. Sage Intacct, Inc.1, the Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of California to invalidate patents that are ineligible under...more
Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant hurdle for patent eligibility that has...more
COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC. - Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California. - Summary: Plausible allegations...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
On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more
There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching. One party has claims that recite an invention. The other party characterizes those claims at a high level or...more
A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more
Adaptive Streaming, the owner of U.S. Patent No. 7,047,305, sued Netflix in the Central District of California for alleged infringement. Netflix moved to dismiss the case on the pleadings under Rule 12(b)(6), asserting that...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
Our earlier Law360 guest article highlighted the rapid rise in prominence of the Waco Division of the U.S. District Court for the Western District of Texas since U.S. District Judge Alan Albright was appointed to that court...more
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
Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality...more
Is a new method of diagnosing a disease patentable? Can it survive a motion to dismiss? And, irrespective of the current precedent, should a new method of diagnosing a disease be patentable? These are questions the U.S. Court...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
A district court in Mississippi recently granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C § 101. The patent is directed to using a barcode to facilitate...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
A panel of the US Court of Appeals for the Federal Circuit found claims directed to methods of identifying and detecting a biomarker to be directed to patent-ineligible natural law, affirming a district court decision while...more
Addressing the various factors a court may consider in order to determine whether a claim is “directed to” an abstract idea, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of all claims...more
University of Florida Research Foundation, Inc. v. General Electric Company, Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) - The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding...more
In two recent decisions, judges of the US Court of Appeals for the Federal Circuit expounded on the standards under which software-related patent claims are subject matter eligible under 35 USC § 101. Ancora Techs. v. HTC...more
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more
Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice. Whether a claim recites...more
On October 29, 2018, United States District Judge P. Kevin Castel (S.D.N.Y.) issued a decision granting Defendant Bloomberg's Rule 12(b)(6) motion to dismiss iSentium's patent infringement claim because it is directed to...more
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Visual Effect Innovations, LLC v. Sony Electronics Inc., Civil Action No. 17-1276-LPS (D.Del. September 30, 2018), the Court denied Sony’s partial motion to...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