Patent-Eligible Subject Matter, Attorney's Fees

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

McDermott Will & Emery on 8/1/2024

On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on 7/30/2024

Precedential and Key Federal Circuit Opinions - 1. BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

ChromaDex Stands Out, But Not in a Good Way

Axinn, Veltrop & Harkrider LLP on 3/29/2024

The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Kappos. In its current...more

Latest Federal Court Cases - April 2023 #3

Schwabe, Williamson & Wyatt PC on 4/18/2023

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

D. Delaware Awards Attorneys' Fees Due To Weak Section 101 Arguments, Patent Litigation Conduct

Holland & Knight LLP on 10/19/2020

CompanyCam moved to dismiss plaintiff's complaint because the asserted '872 patent, titled "Device and Method for Embedding and Retrieving Information in Digital Images," was directed to ineligible subject matter. The U.S....more

District Court Awards Post-Markman Attorneys’ Fees After Plaintiff Continued to Litigate Claims That Became Baseless in Light of...

Akin Gump Strauss Hauer & Feld LLP on 3/16/2020

A federal judge in the Eastern District of Virginia granted defendant Amazon.com, Inc.’s motion for attorneys’ fees under 35 U.S.C. § 285, ordering plaintiff Innovation Sciences, LLC to pay over $700,000 in fees that accrued...more

Key Patent Decisions of 2019

Jones Day on 1/15/2020

In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions. The topics of the key cases...more

Intellectual Property Bulletin - Summer 2019

Fenwick & West LLP on 8/21/2019

In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more

Specific Factual Allegations of Inventive Concept Defeat Motion to Dismiss

McDermott Will & Emery on 8/1/2019

Addressing patent eligibility at the motion to dismiss stage of a case, the US Court of Appeals for the Federal Circuit vacated a district court’s grant of a motion to dismiss, finding that the district court improperly...more

Latest Federal Court Cases - July 2019

Schwabe, Williamson & Wyatt PC on 7/2/2019

PATENT CASE OF THE WEEK - Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC, Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) - In this appeal from the United States District Court for the Eastern District of...more

Federal Circuit Elucidates Berkheimer and Aatrix; Patents Presumed Eligible Under Section 101

Holland & Knight LLP on 7/2/2019

• In a precedential opinion in Cellspin Soft, Inc. v. Fitbit, Inc., et al., the U.S. Court of Appeals for the Federal Circuit vacated both the U.S. District Court for the Northern District of California's Section 101...more

Latest Federal Court Cases - May 2019

Schwabe, Williamson & Wyatt PC on 5/7/2019

PATENT CASE OF THE WEEK - ThermoLife Int’l LLC v. GNC Corp., Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) - In an appeal from a district court decision, the Federal Circuit affirmed the district court’s...more

Federal Circuit Review - September 2018

Knobbe Martens on 10/30/2018

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

Latest Federal Court Cases - October 2018

Schwabe, Williamson & Wyatt PC on 10/2/2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Federal Circuit Patent Updates - August 2018

WilmerHale on 8/31/2018

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

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 2/1/2018

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Inventor Holdings, Llc V. Bed Bath & Beyond, Inc.

Knobbe Martens on 12/12/2017

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Even if a patentee’s initial complaint was reasonable, the patentee can...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Schwabe, Williamson & Wyatt PC on 10/23/2017

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Federal Circuit Review - July 2017

Knobbe Martens on 8/18/2017

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

District Court Awards Attorney’s Fees after Holding That Plaintiff Had Repeatedly Sought to Avoid a Section 101 Ruling

Knobbe Martens on 7/31/2017

In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

Schwabe, Williamson & Wyatt PC on 6/1/2017

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Recent Developments In Patent Law May 17, 2017

Schwabe, Williamson & Wyatt PC on 5/30/2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

2016 Patent Litigation Year in Review

Wilson Sonsini Goodrich & Rosati on 12/30/2016

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

Garfum.com Corp. v. Reflections by Ruth (D.N.J. 2016) - District Court Reconsiders Award of Attorneys' Fees in View of Notice of...

McDonnell Boehnen Hulbert & Berghoff LLP on 12/27/2016

Earlier this month, in Garfum.com Corp. v. Reflections by Ruth d/b/a Bytephoto.com, Chief Judge Jerome B. Simandle of the U.S. District Court for the District of New Jersey issued an opinion granting Plaintiff Garfum.com...more

Patent-Eligible Subject Matter › Attorney's Fees