Archive | February, 2014

Common Meaning Given to Claim Language Using Terms of Art

A question of infringement turned on the meaning of “gateway” in the phrase “intelligent gateway” in a patent claim.  The Federal Circuit agreed that a district court was entitled to consult technical dictionaries and use commonly understood meanings of the word to construe the claim.  Accordingly, the court affirmed the district court’s claim construction, and […]

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Patent-Eligibility Ruling on Data Encryption Claims

In an opinion authored by Federal Circuit Senior Judge Bryson, an Eastern District of Texas court has denied a motion for summary judgment that patent claims directed to a method for transmitting encrypted data are ineligible for patent protection under 35 U.S.C. § 101.  TQP Development, LLC. v. Intuit, Inc., N0. 2:12-CV-180-WCB (E.D. Texas Feb. […]

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Third Party Affirmative Defenses to Software Copyright Infringement

A license, either express or implied, may be an affirmative defense to software copyright infringement.  However, a recent case, brought by Oracle against a vendor who had provided services to Oracle’s customer, illustrates the limits of these defenses.  Oracle USA, Inc. v. Rimini Street, Inc., No. 2:10-CV-00106-LRH-PAL (D. Nev. Feb 13, 2014).  Perhaps more importantly, […]

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Reasonable Steps Protect Software Trade Secrets

A software owner must take steps to preserve trade secrets in software, but those steps need only be reasonable, rather than including every conceivable action.  That is the lesson from PQ Labs, Inc. v. Qi, No. 12-0450 CW (N.D. Cal., Jan 29, 2014), denying the defendants summary judgment on the plaintiff’s claim brought under the […]

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