Archive | December, 2012

Medical Malpractice Insurance Patent Claims Invalid on Motion to Dismiss

Patent claims drawn to compiling medical credentialing information, and transferring the information to a medical malpractice insurance application, have been held invalid under 35 U.S.C. § 101 on the Defendants’ Rule 12(b)(6) Motion to Dismiss.  Sinclair Allison v. Fifth Ave. Physician Servs., No. CIV-12-360-M (W.D. Okla. Dec. 19, 2012). The claims of U.S. Patent Number 6,862,571 and U.S. Patent […]

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Broad Grant of Patent Rights Includes Reissues

The Federal Circuit has upheld Intel’s licensing defense where asserted reissue patents issued after the relevant license agreement was terminated.  Intel Corp v. Negotiated Data Solutions, No. 2011-1448 (Fed. Cir. Dec. 17, 2012). Intel and National Semiconductor entered into a broad patent cross-licensing agreement in 1976.  Under that agreement, National licensed to Intel patents including […]

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Patent Complaint Satisfying Form 18 (Reluctantly) Allowed

Although denying a motion to dismiss a complaint of direct patent infringement, a Massachusetts District Court has pointedly stated that “[i]t is difficult to reconcile the simplistic approach for asserting a patent infringement claim contemplated by Rule 84 and Form 18 [of the Federal Rules of Civil Procedure] with the pleading standards announced in [Ashcroft v. Iqbal, […]

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Federal Circuit Reverses Failure to Impose Rule 11 Sanctions

The Federal Circuit has reversed a decision from the Eastern District of Texas not to impose Rule 11 sanctions where the plaintiff’s theory of patent infringement was objectively baseless.  Raylon, LLC v. Complus Data Innovations, Inc., Nos. 2011-1355, -1356, -1357, -1358, -1359 (Fed. Cir. Dec. 7, 2012). Raylon, the plaintiff, alleged that three defendants infringed […]

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Patent Exhaustion Based on Foreign Sales

Sales outside the United States exhausted a patent owner’s rights in its U.S. patent, according to Multimedia Patent Trust v. Apple, Inc., No. 10-CV-2618-H (KSC), 2012 U.S. Dist. LEXIS 167479 (S.D. Cal. Nov. 9, 2012). Therefore, among rulings on summary judgment motions addressing a myriad of issues, the Court granted summary judgment to Canon on its […]

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