Business Method Claims Patentable Says Fed. Cir.

Patent claims directed to using an intermediary in financial transactions to eliminate settlement risk have been held to recite patent-eligible subject matter under 35 U.S.C. § 101.  CLS Bank Int’l. v. Alice Corp., No. 2011-1301 (Fed. Cir. July 9, 2012).  Writing for the majority of a divided panel, Judge Linn, joined by Judge O’Malley, emphasized […]

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Violations of Employer’s Computer Use Restrictions Does Not Violate CFAA

Hospital employees did not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA), 18 USC § 1030, when they violated the hospital’s computer usage policy by attaching removable storage devices to computers that they were otherwise authorized to access.  Wentworth-Douglass Hospital v. Young & Novis Professional Ass’n., No. 10-cv-120-SM (D. N.H. June 29, […]

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Software Licenses and Allocating Risk of Data Loss

The Utah Supreme Court has held that a software vendor is not liable for any damages after its software caused a dentist to lose all of his patient data.  In Blaisdell v. Dentrix Dental Systems, Inc., No. 20100392 (Utah S. Ct. June 26, 2012), the court held that a limitation of liabilities provision was enforceable […]

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PTO Updates Mayo v. Prometheus Examining Guidelines

“Preliminary guidance” has been replaced by “interim guidance.”  The United States Patent and Trademark Office has released its 2012 Interim Procedure for Subject Matter Patentability Analysis of Process Claims Involving Laws of Nature.  The interim guidelines, based on the recent Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., are to be followed […]

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Fed. Cir. Impact on Patent Pleading Requirements Continues

Following the recent Federal Circuit decision in In re Bill of Lading Transmission and Processing System Patent Litigation, at least one district court has already demonstrated that patent plaintiffs will most definitely have an easier time pleading patent infringement.  Now a Delaware court, ruling on complaints in eight cases brought by the same plaintiff, has […]

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Indefiniteness of Software Patent Claims; Certificates of Correction

Whether means-plus-function claims were indefinite, and the effect of a certificate of correction on correcting a patent’s priority date, were two of the interesting issues discussed by the court in Carotek, Inc. v. Event Capturing Systems, Inc., Nos. 07 Civ. 11163 (NRB), 08 Civ. 5706 (NRB) (S.D.N.Y. Nune 28, 2012).  The court held that one […]

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When Is Software a Work for Hire?

A recent California case provides a good illustration of different possible grounds for finding that software is a work made for hire under the Copyright Act.  Siniouguine v.  Mediachase Ltd., CV 11-6113-JFW (AGRx) (C.D. Cal. June 11, 2012).  Among other things, the court held that the software was “specially commissioned” and qualified as a work […]

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Federal Circuit Upholds Obviousness Rejection

What are the chances of overcoming the obviousness rejection of a patent claim having all of its elements disclosed in the prior art, albeit by multiple references?  In the wake of KSR v. Teleflex, the odds of succeeding with such an argument have unquestionably suffered.  Certainly one cannot be surprised at the result in In […]

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Bad Faith Not Shown Under the ACPA

A jury finding that cybersquatting defendants had not acted in bad faith, and thus enjoyed a safe harbor from liability under the Anti-Cybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), has been upheld by the Eleventh Circuit.  Pensacola Motor Sales, Inc. v. Eastern Shore Toyota LLC, No. 10-15761 (11th Cir. June 21, 2012). The […]

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Plaintiff Goes First In Trade Secrets Discovery

A classic tension in trade secrets cases lies between plaintiffs’ reluctance to identify their trade secrets and defendants’ contentions that plaintiffs will tailor their accusations of trade secrets theft to match information produced by the defendants.  Acknowledging this tension, a Nevada magistrate judge has held that a plaintiff had not identified allegedly stolen trade secrets […]

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