Patent claims drawn to “a method of exchanging a gift card” failed to recite patentable subject matter under 35 U.S.C. § 101, according to the court in Cardpool, Inc. v. Plastic Jungle, No. C 12-04182 WHA (N.D. Cal. Jan. 22, 2013). Therefore, the court granted the defendant’s motion to dismiss the plaintiff’s complaint for patent […]
Archive | January, 2013
Federal Circuit Holds E-Commerce Claims Obvious
By Charles Bieneman on January 22, 2013 in Litigation, Section 102 and 103 Invalidity, Software Patents
The Federal Circuit has held claims of three e-commerce patents invalid on grounds of obviousness. Soverain Software, LLC v. Newegg, Inc., No. 2011-1009 (Fed. Cir. Jan 22, 2013). The court, in an opinion authored by Judge Newman, reversed the holding of the U.S. District Court for the Eastern District of Texas that claims of United States […]
Permanent Injunction Entered in Patent Case
An injunction was the only way to remedy the plaintiff’s loss of its ability to exclusively practice its patent claims, according to the court in Brocade Comm. Sys. v. A10 Networks, No. C 10-3428 PSG (N.D. Cal. Jan 10, 2013). The court thus granted the plaintiff’s motion for a permanent injunction following a finding of […]
Section 337 “Domestic Industry” Requirement Satisfied by Licensing
Patent licensing activities in the U.S. satisfy the “domestic industry” requirement of 13 U.S.C. 1337(a), the Federal Circuit has reaffirmed. Interdigital Communications, LLC v. ITC, No. 2010-1093 (Fed. Cir. Jan. 10, 2013). Nokia, the accused importer of infringing devices in an International Trade Commission proceeding, had petitioned for a rehearing, either by the panel or en banc, […]
Adequacy of Patent Infringement Contentions
By Charles Bieneman on January 5, 2013 in Litigation, Patent Infringement Contentions, Software Patents
A patent plaintiff’s infringement contentions were inadequate in multiple respects in Pagemelding, Inc. v. Espn, Inc., No. C 11-06263 WHA (N.D. Cal. Jan. 4, 2013). Although the court denied the defendant’s motion for the sanction of dismissal, the court did order the plaintiff to supplement its infringement contentions in certain respects, and further held that in other […]
When Does Internet Use Create Personal Jurisdiction?
A defendant’s use of computers in Canada to access servers in Connecticut was sufficient to give rise to personal jurisdiction in Connecticut, the Second Circuit Court of Appeals has held. MacDermid, Inc. v. Deiter, No. 11-5388-cv (2nd Cir. Dec. 26, 2012). A district court had held that the defendant’s conduct was not covered under Connecticut’s […]