Decision on Patent-Eligibility of Real Estate Valuation Claims Deferred Until After Claim Construction

Noting the ambiguity of the Federal Circuit’s recent CLS Bank and Ultramercial decisions, a district court has denied without prejudice a defendant’s motion to dismiss. Zillow, Inc. v. Trulia, Inc., No. C12-1549JLR (W.… Read More

Court Denies Motion for Judgment on the Pleadings That Patent Claims Relating Musical Notations To Color Are Not Patent-Eligible

At least at the pleadings stage, a court has declined to hold patent-ineligible patent claims directed to “relating electromagnetic waves to harmonic sound waves.” Michael Sandborn & Mark Sandborn P’ship v. Avid Tech… Read More

First Sale Doctrine Inapplicable to Antitrust Claims Concerning Licensed Software

The first sale doctrine governing transfers of copyrighted works could not be used to allege that statements made to potential customers were “false, predatory or anti-competitive.” Int’l Equip. Trading v. Ab Sci… Read More

Insurance Business Method Claims Held Not to Recite Patent-Eligible Subject Matter

Patent claims directed to “a system for generating tasks to be performed in an insurance organization” do not recite patent-eligible subject matter under 35 U.S.C. § 101, according to a divided Federal Circuit panel. Accentur… Read More

Joinder Ordered of All Parties with Potential Standing to Assert Patent

Following a patent owner’s appeal of an adverse judgment, and a remand by the Federal Circuit for consideration of a motion to substitute a purported purchaser of rights in the patent-in-suit, a district court has ordered jo… Read More