Patent Law Weblog
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- Meanwhile, Back at the PTAB with CRISPR
- Judge Newman Seeks Recourse from Supreme Court
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
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Category: Patentable Subject Matter
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By Michael Borella — Iron Gate, holder of U.S. Patent No. 7,203,693, sued Lowe's in the Southern District of New York, alleging infringement. Lowe's moved to dismiss under Rule 12(b)(6), contending that the claims of the patent failed to meet the patent-eligibility requirements of 35 U.S.C. § 101. Claim 1 of the patent recites: A…
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Software Patent Found to Be Directed to Abstract Idea, But Survives § 101 Challenge with Inventive Concept By Joseph Herndon — Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court for the Eastern District of Michigan on two of his software patents — United States Patent Nos. 8,713,134 and…
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By Michael Borella — Patentee McRO sued a number of video game developers and publishers in the Central District of California and the District of Delaware for alleged infringement of U.S. Patent Nos. 6,307,576 and 6,611,278. Several of the Delaware suits were transferred to the Central District of California, and the defendants filed a Rule…
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Magistrate Recommends That Defendants' Motion to Dismiss Be Allowed for Kit Claims and Denied for Method Claims By Donald Zuhn — Last month, in Oxford Immunotec Ltd. v. Qiagen, Inc., Magistrate Judge Donald L. Cabell of the U.S. District Court for the District of Massachusetts issued a report and recommendation that the joint motion to…
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By Michael Borella — Core Wireless Licensing brought an action against LG Electronics in the Eastern District of Texas. Core contended that LG infringed claim 21 of its U.S. Patent No. 7,804,850. LG moved for summary judgment on the grounds that the claim was invalid under 35 U.S.C. §§ 101 and 112. The claim recites:…
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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. §…
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By Joseph Herndon — Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV). Sally Beauty challenged the patentability of claims 1–14 of the '324 Patent under 35 U.S.C. §§ 101, 102, and 103. …
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By Michael Borella — Introduction It is abundantly clear that the Supreme Court's 2014 Alice Corp. v. CLS Bank decision has significantly changed the patent-eligibility landscape for business methods and some types of software inventions. For instance, in 2015, approximately 70% of all patents challenged under Alice in district courts were invalidated, while the monthly…
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By Michael Borella — A post grant review (PGR) is an administrative reconsideration of a recent-granted U.S. patent. The proceeding is held in the USPTO, before that body's Patent Trial and Appeal Board. A petition for PGR is timely if it is filed within nine months of the challenged patent's issuance. To date, there have…
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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…
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