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Customer Suits Alone Do Not Confer Declaratory Judgment Jurisdiction

DataTern, Inc. sued Microsoft’s and SAP’s customers alleging infringement of U.S. Patent Nos. 5,937,402 and 6,101,502.  Microsoft and SAP then brought actions against DataTern seeking declaratory judgments of non-infringement.  The Federal Circuit affirmed the district court’s finding that it had jurisdiction over all claims except Microsoft’s claims against the ’402 patent, because DataTern’s claim charts […]

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Writ of Mandamus in Patent Infringement Venue Transfer Motion

AVS sued Toyota and Gulf States—a Texas-based Toyota dealer—for patent infringement in the Eastern District of Texas.  Toyota and Gulf States filed a motion (1) to sever the claims against Gulf States; (2) to transfer the claims against Toyota to a more convenient forum under 28 U.S.C. § 1404(a); and (3) to stay the claims […]

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Fee Award Under 35 U.S.C. § 285 Supported by Evidence of Subjective Bad Faith and Objective Baselessness

Awards of attorneys fees under 35 U.S.C § 285 may seem difficult to obtain, given the dual requirement of proving a party’s subjective bad faith, as well as the objective baselessness of its position.  However, as demonstrated in Gabriel Technologies Corp. v.  Qualcomm Inc., No. 2013-1205 (Mar. 18, 2014), some conduct is so egregious that […]

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FRCP 12 and 35 U.S.C. § 101

Three recent district court cases illustrate the viability, and the limitations, of bringing a motion to dismiss and/or for judgment on the pleadings, under Federal Rule of Civil Procedure 12, based on a failure of patent claims to define eligible subject matter under 35 U.S.C § 101.  In each of these cases, courts considered the […]

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Federal Circuit Reverses Software System Patent Claim Construction

In an opinion authored by Chief Judge Rader, and joined by Judges Dyk and Taranto, the Federal Circuit has reversed and vacated a summary judgment of non-infringement in favor of Google, finding that the district court based its finding of non-infringement on an erroneous claim construction.  Vederi, LLC v. Google, Inc., No. 13-1057 (Fed. Cir. […]

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Is Section 101 Patent Eligibility Determined By Claim Breadth?

A Federal Circuit panel has held invalid, for not reciting patent-eligible subject matter under 35 U.S.C. § 101, patent claims directed to separating telephone transaction data into component parts, and storing it at different destinations.  CyberFone Sys., LLC v. CNN Interactive Group, Inc., Nos. 2012-1673, 2012-1674 (Fed. Cir., Feb. 26, 2014).  An opinion authored by […]

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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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Federal Circuit Holds Medical Diagnostic Method Not Patent-Eligible

Patent claims directed to “guiding the selection of a treatment regimen for a patient with a known disease or medical condition” were held not patent-eligible under 35 U.S.C. § 101 by a unanimous Federal Circuit panel.  SmartGene, Inc. v. Advanced Biological Laboratories, S.A., No. 2013-1186 (Jan. 24, 2014). All claims of U.S. Patent Nos. 6,081,786 […]

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Does a “Covered Business Method” Patent Review Warrant a Stay of Litigation?

A court in the Eastern District of Texas has declined to stay litigation where the United States Patent and Trademark Office is conducting a “Covered Business Method” review of the patent-in-suit under Section 18 of the America Invents Act.  VirtualAgility, Inc. v. Salesforce.com, Inc., Civil Action No. 2:13-cv-00011-JRG (E.D. Texas Jan. 9, 2014). The court […]

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