Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna....more
"Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two...more
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
Judge Engelmayer in the Southern District of New York recently granted a motion to dismiss the complaint because the patent-in-suit is directed to patent-ineligible subject matter under 35 U.S.C. § 101. The patent is directed...more
By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc., Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to...more
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to...more
Despite the prohibition on patenting “abstract ideas” and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an...more
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more
Case Name: Endo Pharms. Inc. v. Teva Pharms. USA, Inc., C.A. No. 17-1240, 1455, 1887, 2019 U.S. App. LEXIS 9189 (Fed. Cir. Mar. 28, 2019)....more
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S et al., Civil Action No. 17-1646-LPS-CJB (D.Del. September 7, 2018) and Align Technology, Inc. v. 3Shape A/S et al.,...more
On March 1, 2018, United States District Judge Paul A. Engelmayer (S.D.N.Y.) granted defendants’—Charter Communications, Inc. and Spectrum Management Holding Company, LLC (together, “Charter”)—motion to dismiss a patent...more
Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter - In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank...more
Sleet, J. Defendant’s motion to dismiss for patent ineligible subject matter under section 101 is denied without prejudice. Defendant asserts that a representative claim discloses a method of providing a radio...more
Defendant seeks to dismiss one of the seven patents-in-suit. The disputed technology relates to managing electronic community interest or community information preference. Defendant argues under Alice that the asserted claims...more
On July 28, 2016, the Federal Circuit issued its opinion in Advanced Ground Information Systems v. Life360, Inc., affirming the district court’s decision that the asserted patent claims are indefinite. This opinion is notable...more
The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of...more
Like a ray of light at the end of a long dark tunnel, the Federal Circuit’s recent reversal of a determination of patent ineligibility in Enfish, LLC v. Microsoft Corp., __ F.3d __ (Fed. Cir. May 12, 2016) (Hughes, J.)...more
Declaratory judgment plaintiff seeks a stay pending resolution of its motion for judgment on the pleadings. It contends that 23 contested claims from 3 patents-in-suit are not patent-eligible pursuant to section 101. With...more
On March 30, 2016, District Court Judge Joseph F. Bianco granted defendant Twitter Inc.’s (“Twitter”) motions for summary judgment of invalidity and non-infringement against plaintiff EasyWeb Innovations, LLC (“EasyWeb”),...more
Stark, C. J. Court rules on objections to magistrate’s report and recommendations regarding defendants’ assertions that asserted claims in the patents-in-suit were directed to unpatentable subject matter. Briefing on...more
Burke, M.J. Magistrate recommends that defendants’ motion to dismiss for failure to state a claim based upon section 101 unpatentable subject matter be granted in part and denied in part. Briefing was completed on March 2,...more
The patent-in-suit is directed to redeeming discount offers by associating a machine-readable code with identifying items to be offered at a discount. Defendant asserts that the technology is patent ineligible under Alice....more
On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more
Kaavo Inc. v. Cognizant Technology Solutions Corporation, et al, C.A. Nos. 14-1192-LPS-CJB; 14-1193-LPS-CJB, April 9, 2015. Burke, C. J. Defendants’ motions to stay proceedings pending resolution of Rule 13 motions to...more
Andrews, J. Defendant’s motion to dismiss for failure to state a claim is granted as to all claims in the two patents-in-suit....more