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 an Alice dismissal, is the plaintiff’s conduct “objectively baseless” justifying an award of attorney fees under 35 U.S.C. § 285… 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 scope of th… Read More

District Court Construction of “High Quality of Service Connection”

Iridescent Networks, Inc. v. AT&T Mobility, LLC (6:16-CF-01003-RWS, EDTX, Memorandum Opinion and Order dated July 18, 2017) provides an example of prosecution history that limits the construction of the claims.  In an interes… Read More

E.D. Texas Mag. Payne: Bandwidth Allocation Patent-Eligible

Claims of a patent directed to “management of bandwidth allocation in a network server” were not directed to an abstract idea, and not invalid under 35 U.S.C. § 101, held Magistrate Judge Payne in a report and recommendation… Read More

Eastern District of Texas Clarifies Distinction Between Claim Interpretation and Factual Findings

The Court in Dynocom Industries v. Mainline Automotive Equipment (Docket CV 00553-JRG-RSP, EDTX, Memorandum Opinion and Order dated July 15, 2017) found that a proper claim construction of “co-axially rotate” is “rotate on a… Read More