Pleading Removal of Copyright Management Information Under the DMCA (and a Related Trademark Claim)

In Fischer v. Forrest, 14 Civ. 1304 (PAE); 14 Civ. 1307 (PAE) (S.D.N.Y. Jan 13, 2015), the court denied a Rule 12(b)(6) motion to dismiss a suit alleging copyright and trademark infringements. Of particular interest in this post i… Read More

Patent Claims to Dynamic Pricing Held Not Patent-Eligible (Again)

A Delaware district judge has adopted a magistrate’s recommendation to hold patent-ineligible claims directed to dynamically pricing a transaction, and dynamically providing product upgrade options to a customer. Tenon & Gro… Read More

Patent Claims for Optimizing Helpdesk Requests Recite an Abstract Idea under 35 U.S.C. § 101

Patent claims directed to a software system for “optimizing the efficiency” of processing IT helpdesk requests were held patent-ineligible under 35 U.S.C. § 101 as directed to abstract ideas. Accordingly, the court in Hewlett… Read More

Action Brought Under DMCA and CFAA Dismissed (Part II)

In Part I of this post, we discussed copyright infringement and Digital Millennium Copyright Act (DMCA) claims brought in LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (S.D.N.Y. Jan. 13, 201… Read More

Broad Interpretation of “Financial Product Or Service” and an Abstract Idea Makes Patent Claims Directed to Insurance Valuation Eligible for Covered Business Method Review

The USPTO’s Patent Trial and Appeal Board (PTAB) has instituted a Covert Business Method (CBM) review of three patents claiming methods for obtaining valuation reports relating to damaged vehicles for automobile insurance claim… Read More