Archive | January, 2013

No Patentable Subject Matter in Gift Card Patent Claims

Patent claims drawn to “a method of exchanging a gift card” failed to recite patentable subject matter under 35 U.S.C. § 101, according to the court in Cardpool, Inc. v. Plastic Jungle, No. C 12-04182 WHA (N.D. Cal. Jan. 22, 2013). Therefore, the court granted the defendant’s motion to dismiss the plaintiff’s complaint for patent […]

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Federal Circuit Holds E-Commerce Claims Obvious

The Federal Circuit has held claims of three e-commerce patents invalid on grounds of obviousness. Soverain Software, LLC v. Newegg, Inc., No. 2011-1009 (Fed. Cir. Jan 22, 2013). The court, in an opinion authored by Judge Newman, reversed the holding of the U.S. District Court for the Eastern District of Texas that claims of United States […]

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Section 337 “Domestic Industry” Requirement Satisfied by Licensing

Patent licensing activities in the U.S. satisfy the “domestic industry” requirement of 13 U.S.C. 1337(a), the Federal Circuit has reaffirmed. Interdigital Communications, LLC v. ITC, No. 2010-1093 (Fed. Cir. Jan. 10, 2013). Nokia, the accused importer of infringing devices in an International Trade Commission proceeding, had petitioned for a rehearing, either by the panel or en banc, […]

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Adequacy of Patent Infringement Contentions

A patent plaintiff’s infringement contentions were inadequate in multiple respects in Pagemelding, Inc. v. Espn, Inc., No. C 11-06263 WHA (N.D. Cal. Jan. 4, 2013). Although the court denied the defendant’s motion for the sanction of dismissal, the court did order the plaintiff to supplement its infringement contentions in certain respects, and further held that in other […]

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When Does Internet Use Create Personal Jurisdiction?

A defendant’s use of computers in Canada to access servers in Connecticut was sufficient to give rise to personal jurisdiction in Connecticut, the Second Circuit Court of Appeals has held. MacDermid, Inc. v. Deiter, No. 11-5388-cv (2nd Cir. Dec. 26, 2012). A district court had held that the defendant’s conduct was not covered under Connecticut’s […]

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