B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

“Molded” Construed as Product-by-Process in IPR

In the Final Written Decision in L&P Property Management Company v. National Products Inc., the PTAB construed the terms “molded docking station,” “molded wall,” and “molded apparatus body” as product-by-… Read More

Patent-Ineligibility in Collateral Case Kills Damage Award

After a jury found infringement of claims of two patents, and awarded damages, the Federal Circuit held the patent claims invalid under 35 U.S.C. § 101 in another case, whereupon the court in Prism Technologies, LLC v.… Read More

Alice Step 2 Saves Conference Call Patents

Patent claims directed to managing teleconferences over hybrid networks, i.e., PSTN and Internet, recited an unconventional combination of elements, said the court in Meetrix, IP, LLC v. Citrix Systems, Inc., No. 1-16-CV… Read More

No Estoppel for IPR Dicta

In Oil-Dri Corp. v. Nestlé Purina Petcare Co., No. 15-cv-1067 (N.D. Ill. Aug. 2, 2017), an Illinois district court held that 35 U.S.C. § 315(e)(2) does not estop an accused infringer from challenging the validity of cl… Read More

Unpredictability, not Inherency, Important for Obviousness

In Honeywell International Inc. v. Mexichem Amanco Holding S.A. De C.V., No. 2016-1996, 2017 U.S. App. LEXIS 13909 (Fed. Cir. Aug. 1, 2017), the Federal Circuit vacated and remanded a PTAB decision, holding that an obvio… Read More

No CBM Patent Review for Software Based Trading Turret

The Patent Trial and Appeal Board (PTAB) has denied institution of CBM patent review, as a claimed trading turret system did not constitute a financial activity.  Cloud9 Tech. LLC v. IPC Systems, Inc., CBM2017-00037 (P… Read More

Contingent Patent Assignee Has Standing to Assert Patent

A patent assignee was found to have standing to assert a patent assigned to it, even though the patent assignor retained both a conditional right to mandate a return assignment, and to receive 50% of any enforcement proc… Read More

PTAB Declines to Institute CBM Review on Financial Industry Telecommunications Technology

The PTAB recently declined to institute CBM on US8189566 titled “Software based trading turret.” According to the patent specification, “[a] trading turret system is a specialized telephony switching sy… Read More

Alice Dismissal No Basis for Exceptional Case, Attorney Fees

Having brought a lawsuit for a patent who claims are found invalid under 35 U.S.C. § 101, and the Alice abstract idea test, is the plaintiff’s conduct “objectively baseless” justifying an award of attorney fees un… Read More

Federal Circuit: District Court Should Have Construed Claims

The Federal Circuit in Nobelbiz v. Global Connect recently reversed a district court for relying on the “plain and ordinary meaning” of claim terms rather than offering construction because the parties disputed the s… Read More

Upcoming Webinar

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 07:00 am EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register

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