B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Incorporation by Reference in a Clickwrap Agreement

How explicit does a click-wrap agreement have to be concerning updates and revisions that may later be incorporated into the agreement?  In Noll. v. eBay, Inc., No. 5:11-CV-04585 (N.D. Cal., April 23, 2012), the court d… Read More

Inequitable Conduct After Therasense: Definitely Harder to Prove

Specific intent to deceive the USPTO did not exist where an inventor removed mention of a reference from his patent application, and then testified that the “reference was cumulative or merely provided background i… Read More

Answering an In Rem Action Against a Domain Name under the ACPA

The Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) allows a trademark owner to “file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain n… Read More

A Narrow View of "Loss" under the CFAA

A recent case takes a narrow view of the “loss” that will sustain a civil action under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, a criminal statute that includes a right of civil suit favored by ma… Read More

Patent Infringement: Summary Judgment Fails Under the Doctrine of Equivalents

When is a patent infringement defendant entitled to summary judgment of non-infringement under the doctrine of equivalents?  That question was addressed in CSB-Systems International, Inc. v. SAP America, Inc., No. 10-21… Read More

Preliminary Injunction for Software Copyright Infringement

When can a plaintiff obtain a preliminary injunction relating to a customer’s use and distribution of copyrighted software beyond the scope of the customer’s license?  The court in Accusoft Corp. v. Quest Di… Read More

Impact of Therasense: Defendant Denied Motion to Plead Inequitable Conduct

In Pixion, Inc. v. Citrix Systems, Inc., No. C 09-03496 (N.D. Cal. April 16, 2012), the court denied Citrix’s motion for leave to amend its Answer to plead the affirmative defense of inequitable conduct because Cit… Read More

Ninth Circuit Affirms Narrow Construction of "exceeds authorized access" in the CFAA

The Ninth Circuit has affirmed that the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA) should be read to cover only accessing prohibited files, rather than making unauthorized use of fi… Read More

Business Methods Patents Still Being Asserted in Litigation

Business methods patents are alive and well, based at least on an anecdotal review of recent court filings.  Consider, for example, a case that I have selected more or less at random, Phoenix Licensing LLC v. Nationwide… Read More

Patent Infringement Notice Pleading: A Lesson from Contrasting Cases?

Two recent cases provide a contrast that may illustrate minimum notice pleading requirements for patent infringement plaintiffs.  In j2 Global Communications, Inc. v. Vitelity Communications, LLC, No. CV 11-07904 (C.D.… Read More

Upcoming Webinar

Functional Claiming: Pitfalls and How To’s
October 18, 2018 at 12:00 pm EDT
Recent decisions under 35 U.S.C. §§ 101, 112, and 103 come into focus when viewed through a common lens. During the October webinar, Daniel Hegner of Bejin Bieneman discusses the convergence of federal court and PTAB decisions questioning funct…Register

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