News & Analysis as of

Judgment on the Pleadings Section 101 Patent Infringement

Knobbe Martens

Improvements to Operation of an Apparatus Were Not Abstract

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XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...more

McDonnell Boehnen Hulbert & Berghoff LLP

Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)

Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261.  The claim recites...more

Knobbe Martens

Claims Directed at Longstanding Commercial Practices Do Not Pass Step One of the § 101 Test

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ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Southern District of Florida. Electronic Communication...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

Holland & Knight LLP on

Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

Farella Braun + Martel LLP

How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising...more

Knobbe Martens

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

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MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Knobbe Martens

Federal Circuit Review - July 2017

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District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2015 #3

DISTRICT COURT CASES - District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 - On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more

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