A court denied a patent infringement defendant’s motion to dismiss under FRCP 12(b)(6); the defendant, alleging that four patents were invalid under 35 U.S.C. § 101 for failing to recite patent-eligible matter, failed in its burden of stating a representative claim. JSDQ Mesh Technologies LLC v. Fluidmesh Networks, No. 1-16-cv-00212 (D. Del. Sept. 6, 2016). The […]
Patent Claims to Cellular Network Messaging Survive Summary Judgment
Case: Comcast Cable Communications, LLC et al. v. Sprint Communications Company L.P., No. 12-859 (E.D. Pa. Aug. 24, 2016). Result: Summary judgment of patent-ineligibility under 35 U.S.C. § 101 denied (in the course of deciding a myriad of summary judgment motions). Patents: U.S. Patent No. 6,885,870 (“Transferring of a message”). Claim 1 recites: A method […]
Claims to Software for Automating Manual Tasks Are Patent-Eligible, Says Federal Circuit
After characterizing the patents as “[e]ssentially . . . aim[ing] to automate a 3-D animator’s tasks,” the Federal Circuit held that claims of patents entitled “Method for automatically animating lip synchronization and facial expression of animated characters” are patent-eligible. McRO, Inc. v. Bandai Namco Games America Inc. (Fed. Cir. Sept. 13, 2016). The Federal Circuit […]
A Federal Circuit Reminder on the Limits of Obviousness
The circumstances are few in which “common sense” can substitute for a claim limitation missing from the prior art in an obviousness rejection under 35 U.S.C. § 103, the Federal Circuit explained in Arendi S.A.R.L. v. Apple, Inc., No. 2015-2073 (Fed. Cir. Aug. 10, 2016) (opinion by Judge O’Malley, joined by Judges Linn and Moore). […]
Patent Damages Must Be Supported by Substantial Evidence
Judge Gilstrap of the Eastern District of Texas granted a new trial on damages after Core Wireless (“Core”) was awarded a $3.5 million judgment against LG Electronics (“LG”) for infringement of U.S. Patent Nos. 8,434,020 and 8,713,476. Core Wireless Licensing v. LG Electronics, No. 2:14-cv-911-JRG (E.D. Tex. Aug. 23, 2016). In granting LG’s motion under […]
Broadest Reasonable Interpretation Gives Little Weight to Claiming a Functional Result
By Charles Bieneman on August 31, 2016 in Broadest Reasonable Interpretation, Patent Claim Construction
The Federal Circuit has upheld the Patent Trial and Appeal Board’s broadest reasonable interpretation of claims including “a restore application starting a restore of a set of files” in an Inter Partes Review proceeding. Veritas Techs. LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). This case will garner attention for the […]
2 of 3 Intellectual Ventures Patents Killed Under Alice in E.D. Texas
On a Rule 12(b)(6) motion to dismiss based on invalidity under 35 U.S.C. § 101, Judge Gilstrap of the Eastern District of Texas held that “the claims of U.S. RE43,715 and U.S. Patent No. 6,782,370 are directed to patent-ineligible subject matter, and the claims of U.S. Patent No. 5,969,324 are not directed to patent-ineligible subject […]
Patent Claims to Weather Alerts Not Patent-Eligible Under Section 101
Case: Zimmers v. Eaton Corp., No. 2:15-CV-2398) (S.D. Ohio August 2, 2016). Result: Rule 12(c) motion for judgment on the pleadings of invalidity under 35 U.S.C. § 101 granted. Patent: U.S. Patent No. 9,015,256 (“Alert notification system”). Claim 1, available in full at the foregoing link, recites “[a] system for providing a message to a […]
Early PG-Review Decision Shows Patent Examiners and PTAB Diverge on Alice Questions
By Charles Bieneman on August 17, 2016 in America Invents Act, Patentable Subject Matter, Post-grant Review
Patent claims directed to “storage container tracking and delivery” are patent-ineligible under 35 U.S.C. § 101, the Patent Trial and Appeal Board (PTAB) has held in a Final Written Decision in a Post-grant Review proceeding. Netsirv and Local Motion MN v. Boxbee, Inc., PGR2015-00009 (Patent 8,756,166 B2) (PTAB Aug. 2, 2016). I would not be […]
No Patent-Eligibility for “Identifying and Characterizing Errant Electronic Files”
Case: Intellectual Ventures I LLC v. Erie Indemnity Co., No. 2:14-cv-220 (W.D. Pa. Aug 4, 2016) Result: Rule 12 motion to dismiss granted based on invalidity of claims of U.S. Patent 7,757,298 under 35 U.S.C. § 101. Patent: U.S. Patent 7,757,298, entitled “Method and Apparatus for Identifying and Characterizing Errant Electronic Files.” Representative claim 1 […]