Federal Circuit Holds E-Commerce Claims Obvious

The Federal Circuit has held claims of three e-commerce patents invalid on grounds of obviousness. Soverain Software, LLC v. Newegg, Inc., No. 2011-1009 (Fed. Cir. Jan 22, 2013). The court, in an opinion authored by Judge Newman, reversed the holding of the U.S. District Court for the Eastern District of Texas that claims of United States […]

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Section 337 “Domestic Industry” Requirement Satisfied by Licensing

Patent licensing activities in the U.S. satisfy the “domestic industry” requirement of 13 U.S.C. 1337(a), the Federal Circuit has reaffirmed. Interdigital Communications, LLC v. ITC, No. 2010-1093 (Fed. Cir. Jan. 10, 2013). Nokia, the accused importer of infringing devices in an International Trade Commission proceeding, had petitioned for a rehearing, either by the panel or en banc, […]

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Adequacy of Patent Infringement Contentions

A patent plaintiff’s infringement contentions were inadequate in multiple respects in Pagemelding, Inc. v. Espn, Inc., No. C 11-06263 WHA (N.D. Cal. Jan. 4, 2013). Although the court denied the defendant’s motion for the sanction of dismissal, the court did order the plaintiff to supplement its infringement contentions in certain respects, and further held that in other […]

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When Does Internet Use Create Personal Jurisdiction?

A defendant’s use of computers in Canada to access servers in Connecticut was sufficient to give rise to personal jurisdiction in Connecticut, the Second Circuit Court of Appeals has held. MacDermid, Inc. v. Deiter, No. 11-5388-cv (2nd Cir. Dec. 26, 2012). A district court had held that the defendant’s conduct was not covered under Connecticut’s […]

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Medical Malpractice Insurance Patent Claims Invalid on Motion to Dismiss

Patent claims drawn to compiling medical credentialing information, and transferring the information to a medical malpractice insurance application, have been held invalid under 35 U.S.C. § 101 on the Defendants’ Rule 12(b)(6) Motion to Dismiss.  Sinclair Allison v. Fifth Ave. Physician Servs., No. CIV-12-360-M (W.D. Okla. Dec. 19, 2012). The claims of U.S. Patent Number 6,862,571 and U.S. Patent […]

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Broad Grant of Patent Rights Includes Reissues

The Federal Circuit has upheld Intel’s licensing defense where asserted reissue patents issued after the relevant license agreement was terminated.  Intel Corp v. Negotiated Data Solutions, No. 2011-1448 (Fed. Cir. Dec. 17, 2012). Intel and National Semiconductor entered into a broad patent cross-licensing agreement in 1976.  Under that agreement, National licensed to Intel patents including […]

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Patent Complaint Satisfying Form 18 (Reluctantly) Allowed

Although denying a motion to dismiss a complaint of direct patent infringement, a Massachusetts District Court has pointedly stated that “[i]t is difficult to reconcile the simplistic approach for asserting a patent infringement claim contemplated by Rule 84 and Form 18 [of the Federal Rules of Civil Procedure] with the pleading standards announced in [Ashcroft v. Iqbal, […]

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Federal Circuit Reverses Failure to Impose Rule 11 Sanctions

The Federal Circuit has reversed a decision from the Eastern District of Texas not to impose Rule 11 sanctions where the plaintiff’s theory of patent infringement was objectively baseless.  Raylon, LLC v. Complus Data Innovations, Inc., Nos. 2011-1355, -1356, -1357, -1358, -1359 (Fed. Cir. Dec. 7, 2012). Raylon, the plaintiff, alleged that three defendants infringed […]

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Patent Exhaustion Based on Foreign Sales

Sales outside the United States exhausted a patent owner’s rights in its U.S. patent, according to Multimedia Patent Trust v. Apple, Inc., No. 10-CV-2618-H (KSC), 2012 U.S. Dist. LEXIS 167479 (S.D. Cal. Nov. 9, 2012). Therefore, among rulings on summary judgment motions addressing a myriad of issues, the Court granted summary judgment to Canon on its […]

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