Joinder Ordered of All Parties with Potential Standing to Assert Patent

Following a patent owner’s appeal of an adverse judgment, and a remand by the Federal Circuit for consideration of a motion to substitute a purported purchaser of rights in the patent-in-suit, a district court has ordered joinder of the purported purchaser. Mformation Techs. v. Research in Motion, No. C-08-4990 EMC (N.D. Cal. Aug. 29, 2013). […]

Continue Reading

Conclusory Pleadings Insufficient to Support Indirect Patent Infringement Claims

While the Federal Circuit has held that adherence to Form 18 of the Federal Rules of Civil Procedure is sufficient to support a claim of direct patent infringement, courts have not uniformly addressed the requirements for pleading indirect infringement, i.e., contributory infringement and infringement by inducement. In one recent example, the court held that a […]

Continue Reading

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 […]

Continue Reading

Federal Circuit Reverses Decision to Unseal Documents in Apple-Samsung Litigation

The Federal Circuit has reversed District Judge Koh’s order that certain confidential documents of both Apple and Samsung be unsealed in those parties’ high-profile patent litigation. Apple, Inc. v. Samsung Electronics Co., Ltd., Nos. 1012-1600, 1606, 2013-1146 (Fed. Cir. Aug. 23, 2013). Because filing papers under seal is such a routine part of patent (and […]

Continue Reading

Computerized Bingo Claims Held Not Patent-Eligible

Following Judge Lourie’s plurality opinion in the recent CLS Bank case heard en banc by the Federal Circuit, the court in Planet Bingo v. VKGS, No. 1:12-CV-219 (W.D. Mich. Aug. 19, 2013), held that claims directed to a computerized bingo game were not patent eligible under 35 U.S.C. § 101. Specifically, the claims of U.S. Patent Nos. […]

Continue Reading

Business Methods Claims Sua Sponte Held Patent-Eligible

The court sua sponte held business method patent claims patent-eligible under 35 U.S.C. § 101 in Applied Innovation v. Commercial Recovery Corp., No. CV-11-00330-JPH (E.D. Wash. Aug. 14., 2013). The claims of US Patent No. 7,167,839 were directed to “[a] method for allowing selective access by a client of a collection agency to information from […]

Continue Reading

Litigation Misconduct Gives Rise to Exceptional Patent Case

Litigation misconduct, even without a showing of objective baselessness or bad faith, was enough to justify a finding of an exceptional case, and an award of attorneys’ fees under 35 U.S.C. § 285. Monolithic Power Systems, Inc. v. O2 Micro International, Ltd., No. 2012-1221 (Fed. Cir. Aug. 13, 2013). The parties in this litigation had […]

Continue Reading

Software Licensee’s Creation of Derivative Work Results in an Injunction

In case you doubted it, seemingly boilerplate provisions in software license agreements that prohibit the creation of derivative works do mean something, as exemplified in EyePartner, Inc. v. Kor Media Group LLC, No. 4:13-10072 (S.D. Fla. July 15, 2013). The court in this case granted a preliminary injunction based on such an anti-modification provision, as […]

Continue Reading

When Are Patent Claims Standard-Essential?

The question of whether claims from 23 different patents were “essential” to the IEEE 802.11 standard (popularly known as Wi-Fi) was presented to the court in In re Innovatio Ip Ventures, MDL Docket No. 2303, Case No. 11 C 9308 (N.D. Ill. July 26, 2013). In evaluating these claims, the court addressed a number of […]

Continue Reading

Two More Courts Hold Patent Claims Invalid for Lack of Patent-Eligible Subject Matter

July 31, 2013, was a big day for 35 U.S.C. § 101; the statute was used in two different cases as a basis for finding that patent claims failed to recite patent-eligible subject matter, and were thus invalid. The patent claims in Digitech Image Techs., LLC v. Fujifilm Corp., No. 8:12-cv-1679-ODW(MRW) (C.D. Cal. July 31, […]

Continue Reading

Powered by WordPress. Designed by WooThemes