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Patent Litigation Software Claim Construction

Ervin Cohen & Jessup LLP

Patents Must Describe the “How” - A Reminder That Functional Claims Need Structural Support

On April 30, 2025, the Federal Circuit issued a decision in Fintiv, Inc. v. PayPal Holdings, Inc. (No. 23-2312), issued on April 30, 2025, upholding the invalidation of Finitiv Inc.’s (“Finitiv”) mobile wallet patents related...more

Alston & Bird

Patent Case Summaries | Week Ending May 2, 2025

Alston & Bird on

Fintiv, Inc. v. PayPal Holdings, Inc., No. 2023-2312 (Fed. Cir. (W.D. Tex.) Apr. 30, 2025). Opinion by Prost, joined by Taranto and Stark. Fintiv sued PayPal for infringement of four patents directed to “cloud-based...more

McDermott Will & Emery

“Payment Handler”: A Nonce Term Without Instructions

The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that a software term was a “nonce” term that invoked 35 U.S.C. § 112, sixth paragraph (i.e., a means-plus-function claim element). The Court...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

Troutman Pepper Locke

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

Troutman Pepper Locke on

The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more

Robins Kaplan LLP

9 Key Factors That Impact Patent Valuations

Robins Kaplan LLP on

Figuring out what a patent is worth can often feel like black magic. But, doing so can be critical during an IP due diligence or when trying to assess the value of a company built around the intellectual property. In...more

Robins Kaplan LLP

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and...

Robins Kaplan LLP on

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF - On October 3, 2014, Judge Forrest construed terms of four JobDiva patents and one Monster patent. The JobDiva patents are...more

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