Archive | Litigation

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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How Did the Supreme Court’s Akamai Decision Change the Law of Divided Patent Infringement?

The Federal Circuit has given new life to a patent owner alleging that actions of multiple parties constitute direct infringement under 35 U.S.C. § 271(a).  Mankes v. Vivid Seats Ltd., No 15-1500 (Fed. Cir. April 22, 2016).  The patent owner had alleged direct infringement of its patent by parties who carried out only some and […]

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Plaintiff Stuck with Collateral Judgment of Patent Invalidity Under Alice in More Ways Than One

Not only did collateral estoppel apply from a prior finding of patent invalidity under 35 U.S.C. § 101, but a plaintiff was denied a motion to voluntarily dismiss its claim of patent infringement, the court expressly leaving open the specter of a fee award to the defendant as a prevailing party under 35 U.S.C. § […]

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Claims Drawn to Monitoring and Analyzing Network Data Held Patent-Eligible

Claims drawn to “enterprise network” monitoring and analysis are patent-eligible, according to Delaware’s Judge Sue Robinson, who denied the defendant’s motion for Summary Judgment of invalidity under 35 U.S.C. § 101 in SRI International Inc. v. Cisco Systems Inc., No. 1:2013cv01534 (D. Del. April 11, 2016).  Some people – including many patent examiners – will […]

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E.D. Texas Judge Gilstrap Holds “Computerized Discount Redemption System” Patent-Ineligible

No one will be surprised that a court has held that patent claims directed to a “discount redemption system” are not patent-eligible under 35 U.S.C. § 101.  Worth noting, however, is that this determination comes from Judge Gilstrap’s court in the Eastern District of Texas, that court’s patent-friendly reputation notwithstanding.  In NexusCard, Inc. v. The […]

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Court Holds Patent Claims Fail Alice Test After PTAB Declined to Institute CBM on Patent-Eligibility Grounds

Patent claims directed to “providing money or an item of value to an account-holder” and “paying on behalf of a person for money or an item of value” fail the abstract idea test of Alice Corp. v. CLS Bank, according to a federal district court.  Global Cash Access Inc. v. NRT Technology Corp., No. 2:15-cv-00822 […]

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