Patent Law Weblog
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- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: District Court
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Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible By Joseph Herndon — In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a Jawbone) for infringement of U.S. Patent Nos. 9,026,053; 9,106,307; and 9,048,923. Jawbone filed a motion for judgment on the pleadings…
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Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter By Joseph Herndon — In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank of Indiana (FIB) of infringing four patents, U.S. Patent Nos. 7,912,786; 8,131,643; 8,321,347; and 8,620,809. FIB moved to dismiss the…
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Method for Manufacturing Product (Dental Crown) Found to be Patent Eligible By Joseph Herndon — Zircore sued Straumann Manufacturing for patent infringement in the U.S. District Court for the Eastern District of Texas (Marshall Division) of three patents including U.S. Patent No. 7,967,606. Straumann moved to dismiss Zircore's allegations with respect to the '606 patent…
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File-Searching Software Patent Found to be Patent Eligible By Joseph Herndon — Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. Amazon filed a motion to dismiss alleging that the '360 patent was invalid under 35 U.S.C. § 101 for lack…
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Computer-Related Data Security Patents Found to Recite Patent Eligible Subject Matter By Joseph Herndon — Spex sued Apricorn for infringing U.S. Patent Nos. 6,088,802 and 6,003,135 in the U.S. District Court for the Central District of California. Apricorn moved to dismiss the complaint due to the patents at issue being directed to abstract ideas under…
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By Michael Borella — The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine whether the claim at hand is directed to a judicially-excluded law of nature, a natural phenomenon, or an…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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Pro-Troll, Inc. v. Shortbus Flashers, LLC (N.D. Cal. 2016) By Donald Zuhn –- In an order issued last week, Judge Vince Chhabria of the U.S. District Court for the Northern District of California denied a motion to stay filed by Defendant Shortbus Flashers, LLC. Shortbus Flashers sought the stay because it had filed a request…
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District Court Reconsiders Award of Attorneys' Fees in View of Notice of Allowance for Continuation Application and Unsettled Legal Landscape Regarding § 101 By Donald Zuhn — Earlier this month, in Garfum.com Corp. v. Reflections by Ruth d/b/a Bytephoto.com, Chief Judge Jerome B. Simandle of the U.S. District Court for the District of New Jersey…
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By Michael Borella — Plaintiff Verint asserted six patents against Red Box (U.S. Patent Nos. 7,774,854, 5,790,798, 6,510,220, RE43,324, RE43,386, and 8,189,763) in the District Court for the Southern District of New York. Red Box rebutted, asserting that all claims were invalid under 35 U.S.C. § 101 due to being directed to patent-ineligible abstract ideas. The…
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