Category: District Court

  • Claims for Displaying Message Timing Data Found Patent Ineligible By James Korenchan — Last week, the U.S. District Court for the Central District of California ruled that claims related to providing time data for messages communicated between electronic devices in a messaging conversation are patent ineligible under 35 U.S.C. § 101. Back in March, BlackBerry…

  • District Court Refuses to Limit Application of In re Cray to Factual Circumstances Where Physical Products Are Involved By Donald Zuhn — Last month, in VoIP-Pal.com, Inc. v. Twitter, Inc., District Judge Richard F. Boulware, II of the U.S. District Court for the District of Nevada issued an Order granting a Motion to Change Venue…

  • Storage Units Do Not Satisfy Second Prong of Cray Test for Establishing "Regular and Established Place of Business" By Donald Zuhn — Earlier this year, in CDX Diagnostic, Inc. v. United States Endoscopy Group, Inc., District Judge Nelson S. Roman of the U.S. District Court for the Southern District of New York granted a Motion…

  • Plaintiffs Litigation Position on Defendant's Equitable Estoppel Defense Not Objectively Unreasonable By Donald Zuhn — Last month, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S. District Court for the Central District of California denied a Motion for Exceptional Case Determination and Award of Attorneys' Fees…

  • By Michael Borella — Background Cellspin sued Fitbit and thirteen other defendants in the Northern District of California alleging infringement of U.S. Patent Nos. 8,738,794, 8,892,752, 9,749,847, and 9,258,698.  The defendants filed a motion to dismiss, alleging invalidity of the patents under 35 U.S.C. § 101. As an example of one of the asserted claims, claim…

  • By Donald Zuhn — Last month, in Illumina, Inc. v. Natera, Inc., District Judge Susan Illston of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Defendant Natera, Inc., to dismiss a complaint filed by Plaintiff Illumina, Inc. against Natera.  Illumina initiated the dispute between the parties…

  • Cloud Computing Claims Deemed Patent-Ineligible By James Korenchan — This month, in an infringement case against Defendant Amazon, Judge Stark of the U.S. District Court for the District of Delaware ruled that Plaintiff Kaavo Inc.'s cloud computing claims are patent-ineligible under 35 U.S.C. § 101.  In related cases dating back to 2016, the Court ordered…

  • Patentee Equitably Estopped from Asserting Patent Due to 10-Year Delay in Filing Suit By Donald Zuhn — Earlier this year, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S. District Court for the Central District of California granted a motion for summary judgment filed by Defendant…

  • Method of Pulling Pipe Beneath Obstacle Not Directed to Patent Ineligible Abstract Idea By Donald Zuhn — Last month, in Borehead, LLC v. Ellingson Drainage, Inc., District Judge Patrick J. Schiltz of the U.S. District Court for the District of Minnesota denied a motion to dismiss filed by Defendants Ellingson Drainage, Inc. and QuickConnect LLC…

  • Method of Treatment Claims Patent Eligible Even without Reciting Dosages By Kevin E. Noonan — It appears that Judge William C. Bryson, U.S. Appellate Court Judge on the Federal Circuit bench, is riding the circuit these days, peripatetically ruling on the St. Regis Mohawk Tribe's motion to join ANDA litigation in the Eastern District of…