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 […]
Archive | July, 2012
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“Preliminary guidance” has been replaced by “interim guidance.”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 […]
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 […]
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 […]