PTAB Rejects Secondary Considerations for Patentability

Even though there was no dispute that a commercially successful product encompassed challenged patent claims, the USPTO’s Patent Trial and Appeal Board held that a patent owner failed to show secondary considerations of non-obviousness.  Arctic Cat, Inc. v. Polaris Industries, Inc., Case IPR2015-01781; Patent 8,827,028 B2 (PTAB Jan. 30 2017).  The Patent Owner, the PTAB […]

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Detail Counts to Support Patent Damage Analysis

In Yodlee v. Plaid Technology, No. 14-1445-LPS-CJB (D. Del. 2017), Judge Leonard Stark gave guidance on the boundaries of an admissible opinion for a reasonable royalty analysis in a patent case.  Yodlee v. Plaid involves a patent relating to a method and apparatus for gathering summary information from websites and presenting that information as HyperText […]

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Willful Patent Infringement as Pled Need Not Be Egregious

While enhanced damages for willful patent infringement may be based on egregious misconduct, a plaintiff can support a pleading of willful infringement by alleging the defendant’s intent, and without a necessarily pleading facts amounting to egregious misconduct.  Bio-Rad Laboratories, Inc. v. Thermo Fisher Scientific Inc., No. 1-16-cv-00358 (D Del. Jan 31, 2017).  Thus, the plaintiff […]

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The Plain Meaning of a Covenant Not to Sue

How can you draft a covenant not to sue for patent infringement without agreeing to restrictions that will prevent you from enforcing your patent rights against some unknown party in the future? In Securus Technologies Inc. v. Global Tel*Link Corp., Nos. 2016-1470, 2016-1506 (Jan 26, 2017), the Federal Circuit held that the plain and ordinary […]

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CAFC Explains Obviousness Needs Prior Art Support

A recent Federal Circuit case explains that the Patent Office cannot simply assume, interpolate, or make up reasons why patent claims are obvious, e.g., why prior art references would have been combined.  In In re Schweickert, No. 2016-1266 (Fed. Cir. Jan 26, 2017) (opinion by Judge Chen, joined by Judges Newman and Stoll), the court […]

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CAFC Rejects Construction of “Controller” in Patent Claim

In a de novo review of claim construction, the Federal Circuit rejected the District Court’s (ILND) claim construction of the patent claim term “controller” in The Chamberlain Group, Inc. v. Techtronic Industries Co. LTD (Fed. Cir. 2017). The District Court had granted the plaintiff-appellee’s motion for a preliminary injunction.  The Federal Circuit disagreed with the District […]

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Recitations of Hardware Can Save Patent-Eligibility

A court denied a motion to dismiss that alleged patent-ineligible subject matter where the patent claims recited physical structure that, the court said, showed that the claims were not directed to a patent-ineligible abstract idea under 35 U.S.C. § 101.  SPEX Technologies, Inc. v. Apricorn, No. 2-16-cv-07349 (C.D. Cal. January 9, 2017).  U.S. Patent Nos. 6,088,802 […]

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Business Method Patents Survive Alice at Federal Circuit

A recent Federal Circuit case demonstrates that reports of the death of business method patents may be exaggerated, even if not greatly. In Trading Technologies Int’l., Inc. v. CQG, Inc., 2016-1616 (Fed. Cir. Jan 18, 2017) Judge Newman, joined by Judges O’Malley and Wallach, affirmed a district court holding that patent claims directed to “a […]

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