Internal Website Can Be a Trade Secret

Allegations that a customer database and an inter-office call center website were trade secrets survived a Rule 12(b)(6) motion to dismiss in Capital Meats, Inc. v. The Meat Shoppe, LLC, Civil No. JFM-15-212 (D. Md. July 9, 2015). The court ruled that the plaintiff had stated a plausible claim under the Maryland Uniform Trade Secrets […]

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Stay Granted Based on Inter Partes Review Petition Filed Four Months Before Patent Lawsuit

Judge Gilstrap in the Eastern District of Texas has granted a defendant’s motion for a stay based on institution of an Inter Partes Review (IPR) proceeding.  MemSmart Semiconductor Corp. v. AAC Technologies Pte. Ltd., No. 2:14-CV-1107-JRG (E.D. Texas July 10, 2015).  The defendant was able to present strong facts in support of a stay.  Notably, […]

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Patent-Eligibility at the PTAB in Ex Parte Appeals

Far from finding relief from an examiner’s patent-ineligibility rejection at the Patent Trial and Appeal Board (PTAB), patent applicants may find that ex parte appeals are their undoing.  A recent decision in an appeal filed in 2012, reversing an examiner’s prior art rejections under 35 U.S.C. § 103(a), but setting forth a new ground of […]

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Claims to Online Purchasing Method Not Patent-Eligible

A court has granted summary judgment of invalidity for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 for claims to “[a] method of purchasing goods or services over a data network.”  Source Search Technologies, LLC v. Kayak Software Corp., No. 11-3388 (D. N.J. July 1, 2015). The patent owner conceded that the […]

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Federal Circuit Holds Two Intellectual Ventures Patents Invalid for Claiming Unpatentable Subject Matter

The Federal Circuit has held two patents, owned by the well-known non-practicing entity Intellectual Ventures, invalid under 35 U.S.C. § 101.  Intellectual Ventures I LLC et al. v. Capital One NA, No.2014-1506 (July 6, 2015).  One of these patents was directed to a budgeting application, and the other was directed to tailoring web pages to […]

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Website Navigation Claims Patent-Ineligible, Says Federal Circuit

The Federal Circuit has agreed with a district court that claims of U.S. Patent No. 7,707,505 were directed to “retaining information lost in the navigation of online forms,” and that this subject matter constitutes an unpatentable abstract idea.  Internet Patents Corp. v. Active Network, Inc., Nos. 2014-1048, 2014-1061, 2014-1062, 2014-1063 (Fed. Cir. June 23, 2015).  […]

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Federal Circuit Affirms Patent-ineligibility of Online Retailing Pricing Claims

In OIP Techs., Inc. v. Amazon.com, No. 12-CV-1233 (Fed. Cir. June 11, 2015), the Federal Circuit agreed with a lower court that U.S. Patent No. 7,970,713 failed to claim patentable subject matter under 35 U.S.C. § 101, but rather “merely [used] a general-purpose computer to implement the abstract idea of ‘price optimization’.” The ‘713 patent […]

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