B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Meeting the Notice Pleading Standard for Patent Infringement

The court in Gradient Enterprises, Inc. v. Skype Technologies S.A, No. 10-CV-6712L (W.D.N.Y. March 13, 2012), addressed the confusion concerning pleading standards in patent infringement actions following the Supreme Cou… Read More

No Personal Jurisdiction in Cybersquatting Case

An entity alleged to be the alter ego of a plaintiff bringing an action for reverse domain name hijacking is not subject to the personal jurisdiction of the court on a trademark infringement counterclaim.  AIRFX v. AirF… Read More

Stays Pending Reexamination: Timing Matters

As demonstrated by the recent opinion in Interwoven, Inc. v. Vertical Computer Systems, Inc., No. C 10-04645 RS (N.D. Cal. Mar. 8, 2012), timing and circumstances can be very important when seeking a stay of litigation p… Read More

Claims Upheld Under Bilski in the E.D. Texas

A recent Eastern District of Texas decision found patentable subject matter in claims directed to determining Current Procedural Technology (“CPT”) codes based on information gathered during a physician-patie… Read More

Service by E-mail

Internet scofflaws often operate anonymously or under pseudonyms, and frequently provide false addresses, making them difficult to locate and serve.  This has led some courts to allow service via e-mail, a helpful tool… Read More

Mixing a System and Method Steps in a Single Patent Claim

A recent Eastern District of Texas opinion holds that a patent claim can recite a system that performs method steps without being indefinite under 35 U.S.C.  § 112, ¶ 2.  Oasis Research v. AT&T Corp, 2012 U.S. No… Read More

Must an Offer to License Be Reasonable and Non-Discriminatory?

What does a patent owner have to do to meet a requirement of a standards setting organization (SSO) that license terms be reasonable and non-discriminatory (RAND)?  Does the patent owner simply need to be willing to lic… Read More

Clickwrap Agreement Is Binding (But Arbitration Provision Is Not)

A “clickwrap” agreement can form a binding contract even when all agreement terms are not included in the document to which the user assents, and the user must access other documents to be informed of the entire cont… Read More

When to Apply Section 101? Federal Circuit Divided

Should a court should evaluate patent claims for statutory subject matter under 35 U.S.C. § 101 before or after considering validity based on prior art?  In MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. Marc… Read More

Computer Fraud and Abuse Act: Unauthorized Access

Under what circumstances can an employee, having accessed a computer via means provided by an employer, be civilly liable to the employer under the Computer Fraud and Abuse Act for “unauthorized access” of the comput… Read More