B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Registering Large Number of Domain Names Not by Itself Evidence of Bad Faith Cybersquatting

A trademark infringement defendant’s counterclaim under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), was dismissed where the sole basis for the counterclaim was the sheer number of d… Read More

Computerized Method of Managing Financial Instruments Not Patent Eligible

Yet another district court has invalidated patent claims under 35 U.S.C. § 101.  In Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC, No. 6:10-cv-1373 (M.D. Fla. March 30, 3012), the court held that… Read More

Therapeutic Treatment Regimen Not Patent Eligible Despite Computer Implementation

In a decision that was probably made easy by the Supreme Court’s recent Prometheus decision, a D.C. district court has invalidated, as patent ineligible under 35 U.S.C. § 101, patent claims that recite using a com… Read More

Divided Infringement and Non-Infringement

A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not… Read More

Notice Pleading Patent Infringement Requires Some Specificity

Even after bringing suit against 33 parties just before the America Invents Act’s prohibition on joining unrelated defendants took effect, the notice pleading requirements of the Federal Rules of Civil Procedure st… Read More

Enforceability of a Forum Selection Clause in a Clickwrap Agreement

Here are two cases that provide a further reminder of the power of clickwrap agreements, and that a party offering a clickwrap agreement can avail itself of that power only by properly presenting essential clickwrap agre… Read More

Software Claims Held Patent Eligible

A Northern District of California court has rejected an argument that “a method of executing an instruction” was not patent eligible subject matter.  Nazomi Communications, Inc. v. Samsung Telecommunications… Read More

Inequitable Conduct After Therasense Does Not Always Require "But-for" Materiality

Even under the heightened “but-for” materiality standard for proving inequitable conduct in patent prosecution set forth by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 127… Read More

How Far Do the DMCA's Anti-circumvention Provisions Go?

Taking a practical “I-know-it-when-I see-it” approach, a Nevada court considered the applicability of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 1201(a)(2), and other statutes, to mechani… Read More

Software Patent (and Other) Lessons From Prometheus v. Mayo

In addressing claims directed to medical diagnoses, the Supreme Court’s opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. may actually lend some clarity to questions of patentability pertaini… 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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