Archive | August, 2015

Does the New Akamai Decision Breach the Logical Framework of Patent Infringement Law?

The Federal Circuit, sitting en banc and in a per curiam opinion, has held a party can be liable as a direct patent infringer under 35 U.S.C. § 271(a) even though it did not make, use, sell, or offer to sell every element of the claimed invention. Akamai Tech., Inc. v. Limelight Networks, Inc., No. […]

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Emergency Call Analysis Patent Claims Invalid Under Alice

Patent claims directed to an “emergency call analysis system” were held patent ineligible, and a motion to dismiss for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 granted, in Boar’s Head Corp. v. Directapps, Inc., No. 2:14-cv-01927-KJM-KJN (E.D. California, July 27, 2015). The court found that under the Mayo/Alice test the patent […]

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Patent Claims to Use of Inertial Sensors Fail the Alice Test

The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35 U.S.C. § 101. Thales Visionix, Inc. v. The United States, No. 14-513C (Ct. Cl. July 20, 2015). Accordingly, the […]

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Updated USPTO Patent-Eligibility Guidelines Are a Must-Read

The U.S. Patent and Trademark Office recently updated its patentable subject matter guidance.  Anyone involved in making filing decisions and/or preparing and prosecuting software or business methods patent applications would be well advised to consult the new documents.  I did not provide such a recommendation concerning the USPTO’s initial “Interim” post-Alice guidance, issued in December […]

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Internal Website Can Be a Trade Secret

Allegations that a customer database and an inter-office call center website were trade secrets survived a Rule 12(b)(6) motion to dismiss in Capital Meats, Inc. v. The Meat Shoppe, LLC, Civil No. JFM-15-212 (D. Md. July 9, 2015). The court ruled that the plaintiff had stated a plausible claim under the Maryland Uniform Trade Secrets […]

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