Category: District Court

  • Eastern District of Texas and PTAB Issue Conflicting Decisions on Same Patent By Joseph Herndon — IV sued J. Crew for patent infringement of three patents:  U.S. Patent Nos. RE43,715, 6,782,370, and 5,969,324.  J. Crew filed a Motion to Dismiss, contending that the asserted patents are drawn to patent-ineligible subject matter under 35 U.S.C. §…

  • By Joseph Herndon — Last month, the U.S. District Court for the Western District of Washington granted Defendant Amazon.com's Motion to Dismiss for Invalidity under 35 U.S.C. § 101 on the grounds that the two patents asserted by Plaintiff Appistry, Inc. cover ineligible subject matter. This case concerns U.S. Patent Nos. 8,682,959 and 9,049,267, both…

  • By Michael Borella — Every day, millions of people are subjected to a frustrating experience — finding a place to park their automobiles.  Whether at the train station, the sports stadium, a festival, or a popular restaurant, circulating through parking lots is not an enjoyable way to spend either your work day or leisure time. …

  • Mathematical Algorithm Found to be Unpatentable By Joseph Herndon — On June 21, 2016, the U.S. District Court for the Central District of California issued an order granting a motion to dismiss pursuant to Rule 12(b)(6) for lack of patentable subject matter under 35 U.S.C. § 101.  Defendants NVIDIA Corp., Autodesk, Inc., and Pixar filed…

  • Patent Having Claims That Apply Law of Nature Is Patent-Eligible By Joseph Herndon — On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent No. 5,720,894 is directed to patent-eligible subject matter in a case captioned Femto-Sec Tech,…

  • Electronic Delivery of Messages Equated to U.S. Post Office Services By Joseph Herndon — On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC v. Blackberry Corp. involving BlackBerry's motion for Summary Judgment that asserted claims of U.S. Patent Nos. 5,809,428…

  • "Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible By Joseph Herndon — On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying a Motion to Dismiss because the patent at issue, U.S. Patent No. 5,870,087, was found to…

  • U.S. District Court Disagrees with PTAB By Joseph Herndon — On March 25, 2016, the U.S. District Court for the District of Nevada issued an Order in a case captioned Global Cash Access, Inc. v. NRT Technology Corp., and NRT Technologies, Inc., in which the District Court found the claims to be directed to an…

  • By Michael Borella — Plaintiff Peschke Map Technologies ("Peschke") sued Rouse Properties ("Rouse") for infringement of U.S. Patent No. 6,397,143, directed to a computer-based map navigation and display system.  Rouse filed a 12(b)(6) motion to dismiss on the pleadings, alleging that the '143 patent is invalid because it claims an ineligible abstract idea.  In a…

  • By Kevin E. Noonan — Last Friday, Amgen filed a declaratory judgment action in the District Court for New Jersey against Sandoz, in the latest iteration of biosimilar litigation between the parties (see complaint).  Amgen's and Sandoz's actions and legal position both provide the District Court with another opportunity to parse Congressional intent and the practical…