Pleading Trade Secret Misappropriation Requires Detail, Even If Not All Support Needed for the Plaintiff to Ultimately Prevail

In Vesta Corp. v. Amdocs Mgmt., No. 3:14-cv-1142-HZ (D. Or. Jan. 13, 2015), the plaintiff survived a Rule 12(b)(6) motion to dismiss a claim of alleged trade secret misappropriation.  The plaintiff alleged that the defendant stole its confidential information during a joint development effort, and used that information to develop a competing product. Both the […]

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Pleading Removal of Copyright Management Information Under the DMCA (and a Related Trademark Claim)

In Fischer v. Forrest, 14 Civ. 1304 (PAE); 14 Civ. 1307 (PAE) (S.D.N.Y. Jan 13, 2015), the court denied a Rule 12(b)(6) motion to dismiss a suit alleging copyright and trademark infringements. Of particular interest in this post is the pleading required to state a claim for remove of Copyright Management Information (CMI) under the […]

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Patent Claims to Dynamic Pricing Held Not Patent-Eligible (Again)

A Delaware district judge has adopted a magistrate’s recommendation to hold patent-ineligible claims directed to dynamically pricing a transaction, and dynamically providing product upgrade options to a customer. Tenon & Groove LLC v. Plusgrade SEC, No. 1:12-cv-01118 (D. Del. March 11, 2015). The patents-in-suit were U.S. Patent Nos. 7,418,409 and 8,145,536. In a reminder to […]

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Patent Claims for Optimizing Helpdesk Requests Recite an Abstract Idea under 35 U.S.C. § 101

Patent claims directed to a software system for “optimizing the efficiency” of processing IT helpdesk requests were held patent-ineligible under 35 U.S.C. § 101 as directed to abstract ideas. Accordingly, the court in Hewlett Packard Co. v. ServiceNow, Inc., Case No. 14-cv-00570-BLF (N.D. Cal. Mar. 10, 2015), granted summary judgment of invalidity with respect to […]

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Broad Interpretation of “Financial Product Or Service” and an Abstract Idea Makes Patent Claims Directed to Insurance Valuation Eligible for Covered Business Method Review

The USPTO’s Patent Trial and Appeal Board (PTAB) has instituted a Covert Business Method (CBM) review of three patents claiming methods for obtaining valuation reports relating to damaged vehicles for automobile insurance claim purposes. The PTAB thought that claims of U.S. Patent Nos. 7,912,740, 8,200,513, and 8,468,038 were directed to a “financial product or service” […]

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Action Brought Under DMCA and CFAA Dismissed (Part I)

In LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (Jan. 16, 2015), the Southern District of New York dismissed a complaint alleging copyright infringement, a violation of the Digital Millennium Copyright Act (DMCA), and the Computer Fraud and Abuse Act (CFAA) for failure of the pleadings under F.R.C.P. 12(b)(6). This […]

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What Is a “Covered Business Method Patent”?

In several recent cases, the Patent Trial and Appeals Board (PTAB) at the United States Patent and Trademark Office has rejected a petitioner’s contention that the patent claims put in issue encompassed a “financial product or service.” Accordingly, in these cases the PTAB declined to institute Covered Business Method (CBM) Review proceedings under § 18(d)(1) […]

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