Does the New Akamai Decision Breach the Logical Framework of Patent Infringement Law?

The Federal Circuit, sitting en banc and in a per curiam opinion, has held a party can be liable as a direct patent infringer under 35 U.S.C. § 271(a) even though it did not make, use, sell, or offer to sell every element of the… Read More

Emergency Call Analysis Patent Claims Invalid Under Alice

Patent claims directed to an “emergency call analysis system” were held patent ineligible, and a motion to dismiss for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 granted, in Boar’s Head Corp. v. D… Read More

Patent Claims to Use of Inertial Sensors Fail the Alice Test

The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35… Read More

No Stay When Inter Partes Review Not Yet Instituted

Where the Patent Trial and Appeals Board (PTAB) had not yet ruled on a petition for Inter Partes Review (IPR), a U.S. District Court denied a defendant’s motion for a stay pending completion of the IPR. Seymour Levine v. The Boe… Read More

Trade Secret Misappropriation Claim Dismissed Where Plaintiff Failed to Prove Damage

An element of a claim of trade secret misappropriation is that the theft has caused damage, a lesson reinforced by the defendant’s successful motion for summary judgment in 3PD, Inc. v. U.S. Transport Corp., Case No.: GJH-13… Read More