Patent Law Weblog
Category: District Court
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen 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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By Kevin E. Noonan — U.S. District Court Judge Susan Illston stuck again on Christmas Eve, giving the biotech patent community a rhetorical lump of coal in their stocking by invalidating on summary judgment claims directed to methods for isolating cell-free fetal DNA from maternal DNA on the grounds that they are not patent-eligible under…
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By Donald Zuhn — Earlier this month, in Gensetix, Inc. v. Baylor College of Medicine, District Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas issued an Order granting a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Involuntary Plaintiff The Board of Regents of…
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By Michael Borella — We wrote about this case six months ago, regarding InvestPic's appeal to the Federal Circuit over having its patent invalided under 35 U.S.C. § 101 in the Northern District of Texas. InvestPic did not get the outcome it was looking for. Here, the case is back in the District Court to consider…
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Claims for Determining an Orientation of a 3D Pointing Device Using Sensor Data Found to be Patent-Eligible By James Korenchan — Plaintiff CyWee Group Ltd. ("CyWee") sued Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, "Samsung"), asserting various claims of U.S. Patent No. 8,441,438 (the '438 patent) and U.S. Patent No. 8,552,978…
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Video Game Patent Found to be Patent Eligible By Joseph Herndon — In the U.S. District Court for the District of Delaware, Plaintiff (Blackbird) sued Defendant (Niantic) alleging infringement of U.S. Patent No. 9,802,127. Niantic filed the present motion to dismiss the case for failure to state a claim under Rule 12(b)(6), on the basis…
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Claims for Keyword-Based Navigation of Hierarchically-Structured Data Found Abstract But Survive Motion to Dismiss By James Korenchan — Plaintiff Guada Technologies, LLC ("Guada") sued Defendant Vice Media, LLC ("Vice Media"), alleging infringement at least claim 1 of U.S. Patent No. 7,231,379 ("the '379 patent"). Vice Media then filed a motion to dismiss. Last week, Judge…
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By Michael Borella — Machine learning is more than just a buzzword. It represents a fundamental shift in how problems are solved across industries and lines of business. In the near future, a machine learning library may become a standard part of all operating systems, just like TCP/IP and database technologies have in the past. For…
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Claim for Scheduling Packet Data Communication Survives Patent Eligibility Challenge in Motion to Dismiss By James Korenchan — Last week, in yet another patent case before Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas Marshall Division, the Court ruled that Defendants T Mobile USA, Inc. and T-Mobile US, Inc.…
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Intent Matters in Safe Harbor under BPCIA By Kevin E. Noonan — Earlier this week, Judge Richard G. Andrews, U.S. District Court Judge for the District of Delaware decided a veritable plethora of post-trial motions (by both parties) in Amgen Inc. v. Hospira, Inc. (he denied them all). These included Hospira's Rule 50(a) Motion for…
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