Archive | September, 2012

Financial Process Claims Held Not Patent Eligible

Patent claims directed to performing financial transactions and financial analysis have been invalidated by a D.C. District Court in two recent, and related, cases. Graff/Ross Holdings v. Fed. Home Loan Mortg. Corp., No. 07-796 (RJL) (D. D.C. Sept. 24, 2012); Fed. Home Loan Mortg. Corp. v. Graff/Ross Holdings, No. 10-1948 (RJL) (D. D.C. Sept. 26, […]

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Patent Applications and Stolen Trade Secrets

The court in VasoNova, Inc. v. Grunwald, No. C 12-02422 WHA (N.D. Cal. Sept. 18, 2012), addressed the classic scenario of a departing employee allegedly stealing trade secrets.  In a not wholly unusual twist, the departing employee, Grunwald, filed patent applications containing the alleged trade secrets.  Grunwald then sold the technology, including the patent applications, […]

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Copyright First Sale Doctrine and Burdens of Proof

Adobe, having been precluded from relying on license agreements that it failed to produce during discovery, has lost a summary judgment motion on its claim for copyright infringement against a defendant who asserted the first sale doctrine as a defense.  Adobe Systems, Inc. v. Christenson, No. 2:10-CV-00422-LRH-GWF (D. Nev. 2012). Defendants sold software over the […]

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No Intent to Deceive, No Inequitable Conduct

The Federal Circuit has reversed a finding of inequitable conduct where “the record contains no evidence of a deliberate decision to withhold those references from the PTO as required under Therasense, Inc. v. Becton, Dickinson & Co.”  1st Media, LLC v. Electronic Arts, Inc., No. 2010-1435 (Fed. Cir. Dec; 13, 2012).  The opinion was authored […]

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E-Commerce Patent Claims Held Not Patent-Eligible

Patent claims directed to “automated testing and selection of prices for goods and services sold online” have been held invalid under 35 U.S.C. § 101 for failing to recite patent-eligible subject matter.  In Oip Techs. v. Amazon.com, Inc., No. C-12-1233 EMC (N.D. Cal. Sept. 11, 2012), the court granted Amazon’s Rule 12(b)(6) motion to dismiss Oip’s […]

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Software Means-Plus-Function Claims Held Indefinite

Software patent claims were held indefinite under 35 U.S.C. § 112 where the patent specification failed to provide any algorithm for performing the recited function.  Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 10-5378 (D. N.J., Sept. 5, 2012).  The claims recited “computational means” and thus were means-plus-function claims within the ambit of 35 U.S.C. […]

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What is the Pleading Standard for Invalidity Counterclaims?

Bare-bones counterclaims alleging invalidity of patents-in-suit were held sufficient to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and 8(a).  Helferich Patent Licensing, LLC v. J.C. Penney Corporation, Inc., No. 11 CV 9143 (N.D. Ill. Aug. 28, 2012).  J.C. Penney had pled six nearly identical invalidity counterclaims.  Helferich, the plaintiff, “argue[d] J.C. […]

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Inducement Does Not Require a Single Direct Infringer, Federal Circuit Now Says

Many owners of Internet patents must be rejoicing.  The Federal Circuit, in a 6-5 en banc decision, has overruled its precedent holding “that in order for a party to be liable for induced infringement, some other single entity must be liable for direct infringement.”  The Court explained “that all the steps of a claimed method […]

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