Archive | Litigation

Unreasonable Section 101 Arguments Support “Exceptional Case” Finding and Award of Attorney Fees Against Patent Plaintiff

Based on the plaintiff’s “unreasonable § 101 positions and vexatious litigation strategy,” Judge Gilstrap in the Eastern District of Texas found an exceptional case under 35 U.S.C. § 285, and granted a defense motion for attorney fees in eDekka LLC v. 3Balls.com, Inc., No. 2:15-CV-541 (E.D. Tex. December 17, 2015). At risk of overstating the […]

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Suit Tossed on Alice Grounds Does Not Merit Attorneys Fees Under Octane Fitness

A California district court recently considered the intersection between the patent-eligibility law of Alice and the fee award standard of Octane Fitness, set against the backdrop of a (mostly) successful challenge to the patent-in-suit’s claims before the Patent Trial and Appeal Board.  In Credit Acceptance Corp. v. Westlake Servs., LLC, No. CV 13-01523 SJO (MRWx) […]

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How Does Patent-Eligibility Relate to Novelty and Non-obviousness?

Is prior art relevant to determining patent-eligibility under 35 U.S.C. § 101, or isn’t it?  In finding, on a motion for summary judgment, that claims drawn to “presenting information on a space-constrained display of a portable device” were patent-eligible, Judge Sparks of the Western District of Texas invited this question.  In Versata Software, Inc. v. […]

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Technological Environment Will Not Save Patent-Eligibility Under Alice

A recent decision under 35 U.S.C. § 101 by Judge Robinson of the District of Delaware is notable for two things: (1) the invalidation of patent claims drawn to a technological environment, and (2) the frank acknowledgment of the frustrating murkiness of patent-eligibility law in the wake of Alice Corp. v. CLS Bank.  Parus Holdings, […]

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More Technical-Seeming Claims Held Patent-Ineligible Under 35 U.S.C. § 101

Patent claims directed to a “payload delivery system” for delivering payloads, i.e., data, “via one or more communication networks” have been held invalid under 35 U.S.C. § 101.  Novo Transforma Tech., LLC v. Sprint Spectrum, L.P.,  Civil Action No. 14-616-RGA (D. Del. Sept. 2, 2015).  As with many recent Section 101 cases, the court granted […]

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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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Reasonable Non-Infringement Positions Relying on Court’s Claim Construction Negates Willful Patent Infringement Argument

Because Fairchild Semiconductor (a counterclaim defendant) had advanced credible non-infringement positions, the court denied a summary judgment motion seeking a finding of willful infringement in Fairchild Semiconductor Corp. v. Power Integrations, Inc., No. 12-540-LPS (D. Del. April 23, 2015). The court here followed the two part test established in In re Seagate Technology, LLC, to […]

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