B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Plain and Ordinary Claim Construction

In Wisconsin Alumni Research Foundation v. Apple, No. 2017-2265 (Fed. Cir. Sept. 20, 2018), the Federal Circuit construed a pair of claim terms under their plain and ordinary meaning in reversing summary judgment that A… Read More

Linking Web Pages to Each Other Not Patent-Eligible

Agreeing that patent claims “are directed to the abstract idea of facilitating cross-marketing relationships and fail to add any inventive concept” under 35 U.S.C. § 101 and the Alice/Mayo abstract test, Delaware… Read More

Menu Claims Patent-Eligible Under Apple, Core Wireless

Claims directed to an “information management and real time synchronous communications system for configuring and transmitting hospitality menus” were held patent-ineligible under 35 U.S.C. § 101 and the Alice abst… Read More

Thales Saves Step-Counter Patent Claims in E.D. Texas

Patent claims directed to counting steps in an exercise session, including accounting for an incline of a surface on which a user is stepping, have survived a Rule 12(b)(6) motion to dismiss. Uniloc USA Inc. v. Samsung E… Read More

Another Unsupported Patent Royalty Rejected

Expert testimony on patent royalties that is unsupported by evidence is excluded. Dominion Assets LLC v. Masimo Corp., Case No. 14-cv-03002 (N.D. Cal. Aug. 1, 2018). Plaintiff Dominion alleged infringement by Defendant… Read More

DDR and Enfish Can’t Save Software Fault Recovery Claims

Claims directed to “software fault recovery” are patent-ineligible under 35 U.S.C § 101, said the court in Atticus Research Corp. v. MMSoft Design Ltd., No. 4:17-CV-3387 (S.D. Texas Sept. 6, 2018), granting a Rule… Read More

The Federal Circuit on Claim Construction and Indefiniteness

In the recent case Intellectual Ventures I LLC v. T-Mobile USA, Inc., the Federal Circuit overturned a district court’s claim construction for reading in a limitation and upheld the district court’s invalidation for… Read More

Overcome Alice by Talking up Technical Benefits

Patent claims directed to dynamically generating and providing an applet to a client from a server should survive Rule 12(b)(6) motions to dismiss, says an Eastern District of Texas Magistrate Judge. Dynamic Applet Techn… Read More

Enfish Does Not Save Patent-Eligibility of Database Claims

The Federal Circuit has affirmed a summary judgment from the Eastern District of Texas holding that claims directed to indexing and accessing information in large databases are patent-ineligible under 35 U.S.C. § 101 an… Read More

Requiring Condition Can Overcome Art Resulting In Condition

A claim that required a specific condition overcame prior art that merely disclosed an embodiment resulting in satisfaction of the condition. In re Facebook, Inc., No. 2017-2524 (Fed. Cir. Aug. 14, 2018) (nonprecedential… Read More

Upcoming Webinar

The November B2 IP Webinar is being presented by Thomas Bejin, member of Bejin Bieneman, who will provide an update on recent case law and developments associated with willful patent infringement. Mr. Bejin will discuss best practices when considerin…Register

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