Archive | Litigation

Patent Damages Must Be Supported by Substantial Evidence

Judge Gilstrap of the Eastern District of Texas granted a new trial on damages after Core Wireless (“Core”) was awarded a $3.5 million judgment against LG Electronics (“LG”) for infringement of U.S. Patent Nos. 8,434,020 and 8,713,476. Core Wireless Licensing v. LG Electronics, No. 2:14-cv-911-JRG (E.D. Tex. Aug. 23, 2016).  In granting LG’s motion under […]

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Objectively Reasonable Defenses Do Not Preclude Finding of Willful Patent Infringement

The Federal Circuit has held that even if an accused infringer’s defenses to patent infringement are objectively reasonable, Supreme Court precedent does not preclude a willful infringement finding, or enhancing damages.  WBIP, LLC v. Kohler Co., Nos. 2015-1038, 2915-1044 (Fed. Cir. July 19, 2016). In WBIP, the district court decided the willful infringement question under […]

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Federal Circuit Upholds Claim Construction Limiting Claim Scope to Disclosed Embodiments

The Federal Circuit recently limited construction of patent claims to a scope supported by intrinsic evidence of embodiments disclosed in a patent specification. Ruckus Wireless, Inc. v. Innovative Wireless Solutions, 2016 U.S. App. LEXIS 9786 (Fed. Cir. May 31, 2016). In a 2-1 decision, the panel upheld the district court’s construction of the asserted claims, […]

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Pump for Monitoring and Controlling Delivery of Fluids to a Patient Held Patent-Eligible

A complaint alleging infringement of two patents directed to monitoring and controlling an infusion pump has survived a motion to dismiss based on an allegation of unpatentable subject matter under 35 U.S.C. § 101. Baxter International, Inc., v. CareFusion Corp., No. 15-ev-09986 (N.D. Ill. May 13, 2016).  The court found, under the Mayo/Alice test, that […]

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Complaint Alleging Business Methods Patent Infringement Results in Exceptional Case Finding and Fee Award

After granting a Rule 12 motion for judgment on the pleadings of invalidity of US Patent No. 6,381,582, and after the Federal Circuit affirmed that judgment without comment, a Delaware District Court found an exceptional case under 35 U.S.C. § 285 and ordered the plaintiff to pay the defendant’s fees and costs.  Inventor Holdings, LLC […]

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Claims to “Operating Applications for Remote Terminal Devices” Patent-Ineligible, Says Delaware’s Judge Robinson

Delaware’s Judge Robinson, who recently pointedly noted other courts’ aggression in holding software patent claims to recite patent-ineligible subject matter, has granted a motion to dismiss, finding that patent claims directed to remote operation of a terminal device are not patent-eligible.  Device Enhancement LLC v.  Amazon.com, Inc., Civ. No. 15-762-SLR (D. Del. May 17, 2016).  […]

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Claims to Devices Sharing GPS Addresses Not Patent-Eligible in E.D. Texas

Patent claims drawn to “entering location information into a positional information device” were held patent-ineligible under 35 U.S.C. § 101 in Rothschild Location Technologies LLC v. Geotab USA, Inc., 6:15-cv-682-RWS-JDL (E.D. Texas May 16, 2016).  Judge Schroeder upheld the report and recommendation of Magistrate Judge John D. Love, in which Judge Love recommended granting a […]

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Administering Digital Images Not Patent-Eligible, Says Federal Circuit

The Federal Circuit has affirmed the invalidity under 35 U.S.C. § 101 of patent claims drawn to “recording and administering digital images.”  TLI Communications LLC v. AV Automotive LLC, Nos. 2015-1372[, etc.] (Fed. Cir. May 17, 2016).  In an opinion authored by Judge Hughes, author of the recent decision upholding the patent-eligibility of claims in […]

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Federal Circuit Clearly Says Software Can Be Patentable

A Federal Circuit panel (Judges Moore, Taranto, and Hughes) has unambiguously stated that some — one might even say much — software is patent-eligible, reversing findings of invalidity under 35 U.S.C. § 101 for two patents “directed to an innovative logical model for a computer database.”  Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. […]

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Patent Invalidation under Alice Held Not to Justify Fee Award

A declaratory judgment plaintiff, having successfully invalidated patent claims under 35 U.S.C. § 101 and the Alice case, has lost a motion for its attorney fees under 285 U.S.C. § 285. Clarilogic, Inc. v. FormFree Holdings Corp., No. 3-15-cv-00041 (S. D. Cal. April 27, 2016).  The court had earlier granted a motion for summary judgment […]

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