Inadequate Infringement Contentions Are Struck

Because of insufficiencies in a plaintiff’s infringement contentions, a plaintiff was precluded from asserting the doctrine of equivalents (DOE) concerning any claim, and was also precluded from asserting any infringement wi… Read More

Federal Circuit Reverses Decision to Unseal Documents in Apple-Samsung Litigation

The Federal Circuit has reversed District Judge Koh’s order that certain confidential documents of both Apple and Samsung be unsealed in those parties’ high-profile patent litigation. Apple, Inc. v. Samsung Electronics… Read More

Computerized Bingo Claims Held Not Patent-Eligible

Following Judge Lourie’s plurality opinion in the recent CLS Bank case heard en banc by the Federal Circuit, the court in Planet Bingo v. VKGS, No. 1:12-CV-219 (W.D. Mich. Aug. 19, 2013), held that claims directed to a com… Read More

Business Methods Claims Sua Sponte Held Patent-Eligible

The court sua sponte held business method patent claims patent-eligible under 35 U.S.C. § 101 in Applied Innovation v. Commercial Recovery Corp., No. CV-11-00330-JPH (E.D. Wash. Aug. 14., 2013). The claims of US Patent No. 7,167,… Read More

Litigation Misconduct Gives Rise to Exceptional Patent Case

Litigation misconduct, even without a showing of objective baselessness or bad faith, was enough to justify a finding of an exceptional case, and an award of attorneys’ fees under 35 U.S.C. § 285. Monolithic Power Systems,… Read More