Parsing Data Packets Held Not Patent-Eligible Subject Matter

Patent claims covering parsing and classifying data packets are not patent-eligible, according to the court in Compression Technology Solutions, LLC v. EMC Corp., No. C-12-01746 RMW (N.D. Cal. May 29, 2013). Claim 9 of U.S. Patent No. 5,414,650  is a representative method claim: 9. An information processing method for processing an information stream comprising input packets, […]

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Patent Infringement, Summary Judgment, and Infringement Contentions

A patent infringement defendant’s motion for summary judgment of non-infringement was denied where there were questions of fact concerning whether the defendant directly infringed asserted claims when it tested the accused system, even if it did not directly infringe otherwise. Ameranth, Inc. v. Papa John’s USA, Inc., No. 12-CV-729 JLS (NLS), 2013 U.S. Dist. LEXIS […]

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When Is a Software Patent Case Ripe for Summary Judgment?

Lawyers for patent infringement defendants have a new Federal Circuit case to point to when explaining to frustrated clients why an early summary judgment motion of non-infringement is not always a good expenditure of resources. In Baron Services, Inc. v. Media Weather Innovations, LLC, Nos. 2012-1285, -1443 (Fed. Cir. May 7, 2013), a panel majority of Judges […]

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Jury Award for Software Trade Secrets Theft Affirmed by Fifth Circuit

Wellogix sued Accenture (and other parties) for misappropriating trade secrets related to software that helped manage the process of constructing an oil well. A jury awarded $26.2 million in compensatory damages, and $68.2 million in punitive damages, the punitive award having subsequently been reduced to $18.2 million by a remittitur. On appeal, the Fifth Circuit […]

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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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