Business Method Claims Not Patent-Eligible in CLS Bank, Deeply Divided Federal Circuit Holds

The Federal Circuit has held that patent claims directed to using an intermediary in financial transactions to eliminate settlement risk are not patent-eligible.  CLS Bank International v. Alice Corp., No. 2011-1301 (May 10, 2013).  Sitting en banc, a majority of the Court, albeit not all on the same grounds, found that “the asserted method and […]

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Form 18 Trumps Iqbal and Twombley, Says Fed. Cir.

Form 18 of the Federal Rules of Civil Procedure is the definitive authority concerning whether a plaintiff has adequately plead a claim of patent infringement. K-Tech Telecommunications, Inc. v. Time-Warner Cable, Inc., Nos. 2012-1425 and 2012-1446 (Fed. Cir. April 18, 2013). If Form 18 conflicts with Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) […]

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Patent Litigation Protective Orders: Patent Prosecution Bars, Source Code

In a lawsuit where the plaintiff, Unwired Planet, had asserted 10 patents against Apple, the parties disagreed about the appropriate scope of a protective order. Unwired Planet, LLC v. Apple. Inc., No. 3:12-CV-00505-RCJ (VPC) (D. Nev. April 11, 2013). One disagreement concerned whether a patent prosecution bar should prevent the plaintiff’s litigation counsel from participating […]

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Software Copyright Infringement Defenses: Ownership of a Copy and Implied License

A defendant accused of infringing a software copyright was, according to facts plead in the plaintiff’s complaint, an owner of a copy of the software under 17 U.S.C. § 117(a)(1). Further, the facts established that the defendant had an implied license. Therefore, the court in Zilyen, Inc. v. Rubber Mfrs. Ass’n, No. 12-0433 (RBW) (D.D.C April 2, […]

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Evidence Not Required to Rebut Presumption That Anticipatory Prior Art Is Enabled

The Federal Circuit has clarified a patent applicant’s burden to rebut the presumption that a prior art reference is enabling of allegedly anticipated claims. In re Morsa, No. 2012-1609 (Fed. Cir. April 5, 2013). The court therefore vacated and remanded a decision from the Board of Patent Appeals and Interferences, where the Board had affirmed […]

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Limiting Patent Expert Testimony

A patent expert lacked a basis for opining where the expert had drawn conclusions about activities of the accused infringer’s customers without inspecting any documents or other evidence concerning what the customers actually did. Further, the expert was not qualified to testify concerning a number of secondary considerations of non-obviousness.  Therefore, the court granted in […]

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Image Processing Claims Held Patent-Eligible

Patent claims directed to “technology for modifying video signals” are patent-eligible under 35 U.S.C. § 101, according to a Central District of California court. Oplus Techs. v. Sears Holding Corp., No. 12-cv-5707-MRP (C.D. Cal. March 4, 2013). Accordingly, the court denied the defendant’s motion for summary judgment of invalidity (which had been brought under 35 […]

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Yet Further Clarification on Indirect Divided and Joint Infringement

Under the doctrine of divided infringement, patent claims directed to a slot machine were properly found not to be directly infringed. Aristocrat Tech., Australia v. Int’l. Game Tech., No. 2010-1426 (Fed. Cir. March 13, 2013). However, for the second time in as many weeks, the Federal Circuit remanded a case to a District Court for […]

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