B2 Intellectual Property Report

The Software IP Report

+

The Claims Interpreted Report

Eastern District of Texas Clarifies Distinction Between Claim Interpretation and Factual Findings

The Court in Dynocom Industries v. Mainline Automotive Equipment (Docket CV 00553-JRG-RSP, EDTX, Memorandum Opinion and Order dated July 15, 2017) found that a proper claim construction of “co-axially rotate” is “r… Read More

Lack of Written Description Support Leads CAFC to Invalidate

In TransPerfect Global, Inc. v. Joseph Matal, the CAFC affirmed the Board’s PGR rejection of the claims of US6,857,022 as invalid for lack of written description support.  The ‘022 patent discloses a method of obtai… Read More

CAFC: PTAB Claim Construction Violates Boundaries of BRI

In IPCom GMBG & Co. v. HTC Corp. (Fed Cir. 2017), the Federal Circuit vacated and remanded a finding of obviousness in an Inter Partes Reexamination because the PTAB’s claim construction went beyond the broadest re… Read More

Federal Circuit Reverses E.D. Texas on Exceptional Case

Reversing a decision from the Eastern District of Texas, the Federal Circuit held that AdjustaCam unreasonably litigated its Camera Clip patent (U.S. Pat. No. 5,855,343) and that its case was objectively baseless—holdi… Read More

Mass Spectrometry Method Not Patent Eligible in Ex Parte Appeal

The PTAB held that the claims in Ex parte Quimby, Appeal No. 2016-004681 (June 2, 2017) were directed toward unpatentable subject matter.  Of particular interest given the claim language, the Appellant was unsuccessful… Read More

PTAB: No Technical Solution = Covered Business Method Patent

Patent claims directed to an electronic inventory patent recited a covered business method, and moreover are patent-ineligible, said the PTAB in a Final Written Decision in a Covered Business Method (CBM) proceeding.  L… Read More

No-Contest Clause in Pre-Litigation Settlement Unenforceable

In Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., No. 16-cv-01764-H-AGS (S.D. Cal., June 26, 2017), the Southern District of California held that a clause barring a licensee from contesting the valid… Read More

E.D. Texas Mag.: Device Power Reporting Patent-Ineligible

Patent claims directed to “a power headroom report” recited the “patent-ineligible concept of calculating and reporting the missing power of a network device,” according to the Eastern District of Texas’ Magist… Read More

CAFC Affirms PTAB Construction of “Connected to a...Network”

Based on a plain and ordinary meaning – and the patentee’s clear statement in distinguishing prior art during prosecution – the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding of invalidity… Read More

Pleading Patent Infringement: Claim Chart Required (Redux)?

For a plaintiff to state a cause of action for patent infringement, some courts hold that  general allegations – without an infringement claim chart – suffice.  Here are two examples of courts joining other courts… Read More

Upcoming Webinar

The August webinar will feature a special guest, Stephen Dargitz, of Manion, Gaynor and Manning.  Stephen is a trial lawyer based in Wilmington Delaware, who with Thomas Bejin will discuss the impact of TC Heartland v. Kraft Foods along with partic…Register

Subscribe