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Exciting Technology (and new Intellectual Property?) at the 2016 North American International Auto Show

We saw a lot of interesting technology – and, who knows, maybe some new intellectual property – at this year’s North American International Auto Show, the annual gathering of the automotive industry at Cobo Hall in downtown Detroit, a short distance from our office. As intellectual property attorneys we are always interested in new technology, so […]

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Alice Roundup, Late Summer 2015 – Part 2: Patent-Eligibility under 35 U.S.C. § 101

Although district courts considering patent-eligibility under 35 U.S.C. § 101 and Alice Corporation Pty. Ltd. v. CLS Bank International more often than not find patent claims invalid, some patent claims survive, as evidenced by the cases discussed below.  My last post discussed cases finding patent claims invalid under the two-part Alice “abstract idea” test.  This […]

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Webinar: How to Practice Patent Law After Alice

A recording of this webinar is available online. The PowerPoint presentation for this webinar is posted here: How to Practice Patent Law After Alice John Kong’s paper is posted here:  Surviving Alice Gone Wild 12-09-2014 Presented by the IP Legal Network, this free webinar on December 9, 2014, at 1 pm EST, will provide practical […]

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Inadequate Infringement Contentions Are Struck

Because of insufficiencies in a plaintiff’s infringement contentions, a plaintiff was precluded from asserting the doctrine of equivalents (DOE) concerning any claim, and was also precluded from asserting any infringement with respect to one means-plus-function claim. Dynetix Design Solutions v. Synopsys, Inc., No. C 11-5973 PSG (N.D. Cal. Aug. 22, 2013). Regarding the doctrine of […]

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Functional Language Can Have Patentable Weight

The Federal Circuit has held that functional language in a software claim should be given patentable weight.  In re Jasinski, No. 2012-1482 (Feb. 15, 2013). Accordingly, the Court reversed the U.S. Patent and Trademark Office’s rejection of claims as allegedly anticipated.  If applied to claims in other software patents and patent applications, this decision, although […]

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Estoppel and Inter Partes Review of Patent Validity

Do the estoppel provisions of the inter partes re-examination statute preclude a third party from relying on prior art in litigation where, after the third party has included the prior art in its request for inter partes re-examination, the USPTO has determined that the prior art does not present a substantial new question of patentability? […]

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Claims for Vicarious Liability for Direct Patent Infringement Dismissed (But Claims for Direct Infringement Were Adequately Pled)

Allegations that the popular Slingbox device directly infringes two patents satisfied Form 18 of the Federal Rules of Civil Procedure, and thus survived a motion to dismiss.  Joao Control and Monitoring Systems of California LLC v. Sling Media Inc., No. C-11-6277 EMC (N.D. Cal. Aug. 7, 2012).  However, the plaintiff’s allegations that Sling Media was […]

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Settlement Agreement Does Not Prevent Suit Against Microsoft Customers

There is a reason why parties negotiating settlement agreements in patent cases often devote considerable time and energy to negotiating language covering use of patented technology by the licensee’s customers and downstream users.  Despite, or perhaps because of, this attention, disputes sometimes arise.  Illustratively, Microsoft was recently denied summary judgment on its claim that Eolas […]

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