Archive | November, 2012

Patent Claims Indefinite: No Structure Supports Recited Software Means

The Federal Circuit has held patent claims indefinite under 35 U.S.C. § 112 where the claims recited “means for processing,” but the patent specification failed to disclose any structure that performed the recited means. Eplus, Inc. v. Lawson Software, Nos. 2011-1396, -1456, -1554 (Fed. Cir. Nov. 21, 2012). This case continues a line of Section […]

Read full story

Medical Screening Method Claims Invalid, Federal Circuit Says

Patent claims directed to a method for using screening markers to determine the risk of Down’s syndrome are invalid under 35 U.S.C. § 101, the Federal Circuit has held. In Perkinelmer, Inc. v. Intema Ltd., No. 2011-1577 (Fed. Cir. Nov. 20, 2012), the Federal Circuit reversed a lower court’s holding that claims of U.S. Patent […]

Read full story

Director Kappos Comments on Software Patents

United States Patent and Trademark Office Director Kappos recently gave a speech about software patents to the Center for American Progress, a Washington think tank. Director Kappos squarely addressed the question “should we treat software differently than hardware when it comes to patentability?”  His answer: “No. Absolutely not.” That said, Director Kappos acknowledged software patent […]

Read full story

When Must Joint Patent Infringement Be Plead?

After Yahoo argued that the plaintiff should be required to meet the standard for pleading divided, or joint, patent infringement, a Delaware magistrate judge has recommended denying Yahoo’s motion to dismiss the plaintiff’s complaint for direct patent infringement. Pragmatus AV, LLC v. Yahoo! Inc., No. 11-902-LPS-CJB (D. Del. Nov. 13, 2012). The court believed that […]

Read full story

BMC and Muniauction Still Require a Single Actor for Direct Infringement

The Federal Circuit has refused to find direct patent infringement where a single party did not carry out, or at least control, all acts alleged to constitute infringement.  Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2011-1559, 2012-1016 (Fed. Cir. Nov. 5, 2012). Perhaps this holding should not be surprising.  However, the […]

Read full story

Unindexed Internet Content Can Be a “Printed Publication” under 35 U.S.C. § 102(b)

Unindexed Internet content can be a “printed publication” under 35 U.S.C. § 102(b), the Federal Circuit has held.  Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2011-1559, 2012-1016 (Fed. Cir. Nov. 5, 2012). Claim 49 of U.S. Reissue Patent RE40,449 recited “[a] method of voting providing for self-verification of a ballot.” The District Court […]

Read full story

Akamai Forces Reconsideration of Summary Judgment of No Induced Infringement

Having previously granted summary judgment of non-infringement on the plaintiff’s induced infringement claim because no one actor practiced the allegedly infringed claims, the court in Civix-DDI, LLC v. Hotels.com, LP, No. 05 C 6869 (N.D. Ill. Nov. 1, 2012), has now granted a request for reconsideration in light of the Federal Circuit’s en banc decision […]

Read full story