In the latest development in extensive litigation between Shure and ClearOne over audio and conferencing equipment, the District of Delaware rejected a motion to dismiss Shure’s claims over multiple civil procedure grounds, incl…
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In its second time considering a patent, the Federal Circuit upheld the district court’s ruling on noninfringement but overturned its ruling of lack of enablement in McRO v. Bandai Namco. The decision rested on the claim constru…
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The sins of the parent patent will not be visited on the child patent, at least in the Western District of Texas. An earlier determination of ineligible subject matter does not trigger claim preclusion against an infringement suit…
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In his recent article Without Preamble, Stanford professor Mark Lemley surveys the morass of law on determining when patent claim preambles are limiting, and he predicts that it will be swept away if the Supreme Court ever faces t…
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The Eastern District of Texas recently issued a claim construction ruling with a couple interesting rulings on indefiniteness in the case of Semcon IP v. Louis Vuitton and TCT Mobile (April 29, 2020).
TCT Mobile is a mobile commun…
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The Bicentennial Man is out of luck.* The Patent Office recently issued a ruling that only a human can be an inventor.
The application at issue listed “DABUS” as the sole inventor. DABUS is a collection of neural nets designed…
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The Patent Trial and Appeal Board recently invalidated a patent related to remote optometry in a Post-Grant Review proceeding. 20_20 Vision Center, LLC v. DigitalOptometrics LLC, PGR2018-00100 (April 15, 2020). The PTAB invalida…
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The Eastern District of Texas recently invalidated several patent claims that the court had found indefinite in a separate claim construction ruling in the case Uniloc 2017 v. Samsung. Interestingly, the court found the claim term…
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Despite a refiled case and a subsequent dismissal for ineligible subject matter, plaintiff Data Scape escaped paying attorney fees to defendant Spotify in a recent decision from the Central District of California. Data Scape Lim…
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The Federal Circuit recently upheld a summary judgment of noninfringement based on an undisputed claim construction in Plastic Omnium v. Donghee America.
The dispute centered on manufacturing plastic fuel tanks by blow molding. Pl…
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