Archive | May, 2013

When Is a Software Patent Case Ripe for Summary Judgment?

Lawyers for patent infringement defendants have a new Federal Circuit case to point to when explaining to frustrated clients why an early summary judgment motion of non-infringement is not always a good expenditure of resources. In Baron Services, Inc. v. Media Weather Innovations, LLC, Nos. 2012-1285, -1443 (Fed. Cir. May 7, 2013), a panel majority of Judges […]

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Jury Award for Software Trade Secrets Theft Affirmed by Fifth Circuit

Wellogix sued Accenture (and other parties) for misappropriating trade secrets related to software that helped manage the process of constructing an oil well. A jury awarded $26.2 million in compensatory damages, and $68.2 million in punitive damages, the punitive award having subsequently been reduced to $18.2 million by a remittitur. On appeal, the Fifth Circuit […]

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Business Method Claims Not Patent-Eligible in CLS Bank, Deeply Divided Federal Circuit Holds

The Federal Circuit has held that patent claims directed to using an intermediary in financial transactions to eliminate settlement risk are not patent-eligible.  CLS Bank International v. Alice Corp., No. 2011-1301 (May 10, 2013).  Sitting en banc, a majority of the Court, albeit not all on the same grounds, found that “the asserted method and […]

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