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On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18,...more
Welcome to the Intellectual Property Litigation Newsletter, our new review of decisions and trends in the intellectual property arena. In this edition, we learn that advice is best coming from counsel, Texas claims...more
UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes. Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion...more
Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more
In an appeal stemming from the denial of a preliminary injunction and dismissal of the complaint, the US Court of Appeals for the Federal Circuit clarified its precedent and explained that a district court may construe claims...more
On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12...more
UTTO Inc. v. Metrotech Corp., Appeal No. 23-1435 (Fed. Cir. Oct. 18, 2024) In its only precedential patent decision this week, the Court analyzed the extent to which claim construction is appropriate on a motion to...more
This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background - Sanderling asserted three patents sharing a common...more
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more
On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more
Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more
In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....more
On December 5, 2019, Judge David C. Godbey of the Northern District of Texas denied the defendant Diebold Nixdorf, Inc.’s (“Diebold”) motion to dismiss under Rule 12(b)(6), in Nautilus Hyosung Inc. v. Diebold, Inc. et al.,...more
This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of September 2019....more
One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more
Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more
In two recent decisions, judges of the US Court of Appeals for the Federal Circuit expounded on the standards under which software-related patent claims are subject matter eligible under 35 USC § 101. Ancora Techs. v. HTC...more
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more
Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more
The US Court of Appeals for the Federal Circuit reversed a district court’s grant of dismissal as the pleading stage, concluding that the district court inappropriately engaged in claim construction at the pleading stage....more
PATENT CASE OF THE WEEK - SimpleAir, Inc. v. Google LLC, Appeal No. 2016-2738 (Fed. Cir. 2018) - In SimpleAir, Inc. v Google LLC, the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule...more