Damages for Design Patent Infringement: What Is an “Article of Manufacture?”

On December 6, 2016, the U.S. Supreme Court issued its long awaited decision in Samsung Electronics Co. v. Apple Inc.  The issue in Samsung v. Apple was whether 35 U.S.C. § 289 requires that design patent damages of a multi-component product must always lie in the end product sold to the consumer.  The Court, in […]

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Patent-Eligibility Not Saved by Claiming Functionality Via a Device

In another sign that broad patent claims to software functionality cannot survive Alice’s patent-eligibility test, patent claims directed to automating a sequence of events on the Internet were held invalid under 35 USC § 101 in Content Aggregation Solutions, LLC v. Sharp Corp.,  Nos. 3:16-cv-00527, -00528, -00529, -00530, -00531, -00533-BEN-KSC (S.D. Cal. Nov. 29, 2016).  […]

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Post-Solution Activity in Menu Generation Patent Claims Does Not Overcome Alice

In holding all claims of patents directed to generating electronic menus patent-ineligible under 35 USC § 101, a Federal Circuit panel handed Covered Business Method Review petitioners an even bigger win than they had gotten from the Patent Trial and Appeal Board (PTAB).  Apple, Inc. v. Amaranth, Inc., Nos. 2015-1792, 2015-1793 (Fed. Cir. Nov. 29, […]

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“Covered Business Method” Is Not Anything Under the Sun, Says Federal Circuit

Claims directed to “managing distribution of location information generated for wireless communications devices,” do not recited a “covered business method” within the meaning of the America Invents Act, said the Federal Circuit in Unwired Planet, LLC v. Google, Inc., No. 2015-1812 (Fed. Cir. Nov. 21, 2016).  The court thus remanded the case to the Patent […]

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Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci. Research v. Cochlear Corp. (Fed. Cir. Nov. 17, 2016).  The lower court’s decision was based on the objective standard prong of the now […]

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Automated Migration of Computer Settings Not Patent-Eligible, Says Federal Circuit

In a non-precedential decision that appears to have been fairly easily reached, a Federal Circuit panel affirmed a district court’s summary judgment of invalidity under 35 U.S.C. § 101 for patent claims directed to migrating computer configuration settings.  Tranxition, Inc. v. Lenovo (United States) Inc., Nos. 20151907, 20151941, 20151958 (Fed. Cir. Nov. 16, 2016) (opinion […]

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Willful Patent Infringement and Opinions after Halo

As my partner Tom Bejin discussed in this recent webinar, Addressing Willful Patent Infringement Post-Halo, the pendulum governing standards for enhanced damages for patent infringement under 35 U.S.C. § 284 gyrated again when the U.S. Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, 136 S. Ct. 1923 (2016).  The Supreme Court rejected the two-part […]

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New Day, Different Alice Ruling: Youtoo v. Twitter and F5 v. Radware

In two recent § 101 orders on motions to dismiss, two district courts demonstrated how inconsistent patent-eligibility jurisprudence remains. The courts faced claims of similar complexity, similar subject matter, and similar reliance on software; sat in the same procedural posture; used the same number of pages of analysis (five); and reached opposite conclusions. Youtoo Technologies […]

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When Can Patent-Eligibility Be Decided on the Pleadings?

Defendants often urge courts to conclude that claim construction is not a prerequisite for deciding patent-eligibility on a defendant’s Rule 12 motion to dismiss. Here is a case in which a magistrate judge reached this conclusion but nonetheless recommended denying the defendants’ motion (without prejudice).  Kaavo, Inc. v. Amazon.com Inc., Nos. 15-638-LPS-CJB, 15-640-LPS-CJB (D. Del. […]

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Divided Infringement Means No Patent Infringement, Says Judge Gilstrap

Claims to a computer system for providing users with location information about an object were not directly infringed where the claims recited a step of user input not under the direction or control of the party requesting and receiving the input.  Accordingly, the court granted a motion for summary judgment of noninfringement of these claims.  […]

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