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Patent Infringement Patent-in-Suit Patent-Eligible Subject Matter

Alston & Bird

Patent Case Summaries | Week Ending June 13, 2025

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Stanford Asks Supreme Court to Revisit Subject Matter Eligibility on Diagnostic Claims

"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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

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

Robins Kaplan LLP

Horizon Medicines LLC v. Alkem Labs. Ltd.

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Duexis® (ibuprofen / famotidine) - Case Name: Horizon Medicines LLC v. Alkem Labs. Ltd., No. 18-1014-RGA, 2020 WL 7022591 (D. Del. Nov. 30, 2020) (Andrews, J.) ...more

Robins Kaplan LLP

INO Therapeutics LLC v. Praxair Distribution Inc.

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BUT FOR A CLERICAL ERROR TO BE ADDRESSED ON REMAND, THE FEDERAL CIRCUIT AFFIRMS FINDINGS OF INELIGIBLE SUBJECT MATTER AND NON-INFRINGEMENT. Case Name: INO Therapeutics LLC v. Praxair Distribution Inc., 2019 U.S. App. LEXIS...more

Jones Day

Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion

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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

Alston & Bird

Patent Case Summaries

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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

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Manufacturing

In this issue, we focus on the manufacturing industry, highlighting some recent legal decisions that illustrate the depth and breadth of legal issues encountered in the field. As these cases will show, automation creates...more

Fox Rothschild LLP

Chief Judge Stark Grants Defendants’ Motion To Dismiss In Part After Finding Two Of The Patents-In-Suit Are Directed To...

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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

Robins Kaplan LLP

Pernix Ir. Pain DAC v. Alvogen Malta Operations, Ltd.

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Case Name: Pernix Ir. Pain DAC v. Alvogen Malta Operations, Ltd., Civ. No. 16-139-WCB, 2018 U.S. Dist. LEXIS 81419 (D. Del. May 15, 2018) (Bryson, C.J.)....more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the district court’s judgment on all counts. The case presented unusual procedural circumstances in a Hatch-Waxman...more

Patterson Belknap Webb & Tyler LLP

Successful Section 101 Motion to Dismiss: Digital Ad Delivery Is Abstract Concept

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

McDonnell Boehnen Hulbert & Berghoff LLP

Two-Way Media Ltd. v. Comcast Cable Communications, LLC (Fed. Cir. 2017)

Two-Way Media brought an action against Comcast in the District of Delaware, claiming infringement of U.S. Patent Nos. 5,778,187, 5,983,005, 6,434,622, and 7,266,686. The District Court dismissed the case on the pleadings,...more

Proskauer - New England IP Blog

Some Cardiac Monitoring Patents Beat Alice Challenge, While Others Fail to Survive

In the time since Alice changed the landscape of patent eligibility for certain types of inventions, the Federal Circuit has begun pumping out opinions interpreting this landmark Supreme Court case. The expanding body of law...more

McDonnell Boehnen Hulbert & Berghoff LLP

Integrated Technological Systems, Inc. v. First Internet Bank of Indiana (E.D. Tex.)

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

McDonnell Boehnen Hulbert & Berghoff LLP

Synopsis, Inc. v. Mentor Graphics Corp. (Fed. Cir. 2016)

Synopsys brought a patent infringement action against Mentor Graphics in the Northern District of California, alleging infringement of various claims of U.S. Patent Nos. 5,530,841, 5,680,318, 5,748,488, and 6,836,420. Claim...more

Proskauer - New England IP Blog

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the...more

Seyfarth Shaw LLP

E-Message Patents Survive Alice Challenge

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Common computer technology has fallen victim to Alice in many recent cases. It is therefore noteworthy that the District of Massachusetts declined to invalidate e-mail management patents under §101 in Sophos v. RPost. ...more

Patterson Belknap Webb & Tyler LLP

Judge Bianco Holds EasyWeb’s “Publishing Patent” Is Not Infringed Even Though It Broadly Claims an Abstract Idea

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

Morris James LLP

Court Rules On Objections To Report And Recommendation Regarding Section 101 Unpatentability Arguments

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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

Foley & Lardner LLP

Federal Circuit’s Post-Alice Eligibility Analysis of Business Methods

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The Federal Circuit in Ultramercial, Inc. v. WildTangent, Inc., held that an “entrepreneurial” multi-step process for distributing copyrighted media products over the Internet to consumers is not patent-eligible under 35...more

Foley & Lardner LLP

Third Time Is the Charm for WildTangent Challenge of Patent Eligibility of Ultramercial Patent

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In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more

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