Archive | Litigation

Divided Infringement Results in Judgment on Pleadings on Induced Infringement

Finding that a complaint failed to sufficiently allege that the defendant exercised direction or control over all asserted steps of a method patent claim, a court has dismissed a complaint alleging induced infringement under FRCP 12(c). Robert Mankes v. Vivid Seats, Limited, No. 5:13-CV-717-FL, 2015 U.S. Dist. LEXIS 24327 (E.D.N.C. Feb 26, 2015). Based on […]

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Patent Claims Drawn to Managing Shipping Containers Held Patent-Ineligible

Illustrating that business method patent claims face an uphill battle for patent-eligibility after Alice Corp. Pty. Ltd. v. CLS Bank Int’l., a court has invalidated, under 35 U.S.C. § 101, claims directed to a “container monitoring system for accumulating and storing information on shipping containers including container location and container load status.” Wireless Media Innovations […]

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Patent Claims in Intellectual Ventures Case Held Patent-Eligible Where No Application Without a Computer; Other Claims Held Patent-Ineligible

Considering claims of various patents-in-suit, a court drew a patent-eligibility line at the point where claims could be practiced without a computer, invalidating claims of two patents, but upholding claims of a third, under 35 U.S.C. § 101. Intellectual Ventures I LLC v. Symantec Corp., no 1:10-cv-01067, Intellectual Ventures I LLC v. Trend Micro Inc., […]

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Patent-Eligibility Can Be Deferred Until Claim Construction

Although many courts are often willing to rule on patent-eligibility under 35 U.S.C. § 101 at the pleadings stage, sometimes courts are more comfortable deferring the issue until claim construction. An interesting recent example is Mobile-Plan-It LLC v. Facebook Inc., no. 3:14-cv-01709 (N.D. Cal. April 20, 2015), where patent claims directed to a “method for […]

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DDR Holdings Saves Patent-Eligibility of SMS Messaging Claims

Surviving a patent-eligibility challenge under 35 U.S.C. § 101 were patent claims drawn to a “method of using a computer system to facilitate two-way communication between a mobile device and an Internet server.” Messaging Gateway Solutions LLC v. Amdocs Inc., No. 1:14-cv-00732 (D. Del. April 15, 2015). Accordingly, the court denied defendants’ motions for judgment […]

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Patent-Eligibility of Auction Claims Is Never a Good Bet After Alice

Patent claims directed to a “method of hosting a computer-based auction over the internet” were held invalid under 35 U.S.C. § 101 in Advanced Auctions LLC v. eBay, Inc., No. 13CV1612 BEN (JLB) (S.D. Cal., March 26, 2015). The court found the patent claims directed to “the abstract idea of an auction and the generic […]

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Internet Auction Claims Held Not Patent-Eligible

Patent claims directed to a two-mode computer-based Internet auction have been held patent-ineligible under 35 U.S.C. § 101, and a motion for judgment on the pleadings under FRCP 12(c) was accordingly granted in Advanced Auctions LLC v. Ebay Inc., No. 13CV1612 BEN (JLB) (S.D. Cal Mar. 27, 2015). According to United States Patent No. 8,266,000, […]

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Internet Sales Processing Claims Held Patent-Ineligible

Patent claims directed to a sales processing system for conducting Internet business transactions were held patent-ineligible under 35 U.S.C. § 101. Consequently, the court in Priceplay.com, Inc. v. AOL Adver., Inc., No. 14-92-RGA (D. Del. Mar. 18, 2015), granted the defendant’s FRCP 12(b)(6) motion to dismiss with regard to all claims of United States Patent […]

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Motion for Patent-Ineligibility of Modem Communications Software Denied

A court has declined at the pleadings stage to hold patent-ineligible, under 35 U.S.C. § 101, patent claims directed to software controlling communications between a user modem and a telephone company modem. The court in Modern Telecom Sys. LLC v. Juno Online Servs., Case No. SA CV 14-0348-DOC (ANx) (C.D. Cal. Mar. 17, 2015), denied […]

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Attorneys’ Fees Awarded in Patent Case Under Octane Fitness Standard

Discovery abuse and a reversal in an inventor’s trial testimony made for an exceptional case under 35 U.S.C. § 285, and therefore warranted an award of attorneys’ fees against a losing plaintiff in Digital Reg of Texas, LLC v. Adobe Systems Inc., Case No. 4:12-cv-01971-CW (N.D. Cal. Mar. 9, 2015). This case provides an example […]

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