Author Archive | Charles Bieneman

PTAB: Internet Advertising Patent Not Subject to CBM Review

The PTAB has denied Google’s petition for Covered Business Method (CBM) review of an Internet advertising patent, finding that Google failed to show that the patent is directed to “performing data processing or other operations used in the practice, administration, or management of a financial product or service.” Google Inc. v. KlausTech, Inc., Case CBM2016-00096 […]

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Must Willful Infringement Pleading Allege Egregious Acts?

Much of a plaintiff’s complaint adequately plead patent infringement, but a portion of the complaint alleging willful infringement was dismissed where the plaintiffs “failed to allege any facts suggesting that Defendant’s conduct is ‘egregious . . . beyond typical infringement.’” CG Technology Development, LLC v. Zynga, Inc., 2:16-cv-00859-RCJ-VCF (D. Nev. Feb 17, 2017). The court’s […]

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CAFC Reverses E.D. Texas on Payment Data Patent-Eligibility

The Federal Circuit has reversed Eastern District of Texas Judge Gilstrap’s denial of a post-trial motion for a judgment of patent-ineligibility under 35 U.S.C. § 101 of three patents directed to accessing and storing payment data. Smartflash, LLC v. Apple, Inc., No. 2016-1059 (Fed. Cir . March 1, 2017).  Chief Judge Prost, writing for a […]

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Does Pleading Patent Infringement Require a Claim Chart?

Pleading patent infringement does not require a claim chart, says a court considering the requirements for pleading both direct and indirect infringement under FRCP 8 and Ashcroft v. Iqbal, 556 U.S. 662 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). Crypto Research, LLC v. Assa Abloy, Inc., No. 16 Civ. 1718 (AMD) […]

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Cryptography Claims Survive Patent-Eligibility Challenge

Here is further evidence that claims directed to processing data are not per se patent-ineligible: patent claims directed to cryptography applications have survived a motion to dismiss alleging invalidity under 35 U.S.C. § 101 and the Alice/Mayo test.  Crypto Research, LLC v. Assa Abloy, Inc., No. 16 Civ. 1718 (AMD) (RER) (E.D.N.Y. Feb 17, 2017).  […]

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Data Back-Up Claims Held Patent-Ineligible under Alice

In a clear demonstration that patent-eligibility and novelty go hand-in-hand – despite some courts’ denial of this reality – a court has held that claims directed to “remote mirroring of digital data” are patent-ineligible under 35 U.S.C. § 101 and the Alice/Mayo abstract idea test.  Intellectual Ventures I, LLC v. Symantec Corp., No. 13-440-LPS (D. […]

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CAFC: User-Tailored Data Is Patent-Ineligible Abstract Idea

A Federal Circuit panel easily affirmed a lower court holding of patent-ineligibility of claims “directed to systems and methods for allowing computers to process data that are dynamically modified based upon external-to-the-device information, such as location and time.” Evolutionary Intelligence, LLC v. Sprint Nextel Corp., No. 2016-1188 et al. (Fed. Cir. Feb 17, 2017) (opinion […]

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Patent Obviousness and Reasonable Expectation of Success

The Federal Circuit has (mostly) sustained the PTAB’s findings that claims of US Patent No. 7,433,483 are obvious over prior art, explaining that obviousness under 35 USC § 103 required, in essence, a showing that the proposed combination of references would result in an improvement, even if not the best possible improvement. Slot Speaker Technologies, […]

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Website Doesn’t Create Personal Jurisdiction in Patent Case

An Ohio court has transferred a patent case to the Eastern District of Washington after finding that the defendant’s website was insufficient to create specific personal jurisdiction.  Zen Indus., Inc. v. Hoffman Mfg., Inc., No. 1:16 CV 2352 (N.D. Ohio, Feb. 9, 2016).  Applying Federal Circuit law to consider personal jurisdiction with respect to the […]

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