Terminal Disclaimer: Common Ownership Necessary—or Not—for Standing

Two district courts recently came to the opposite conclusion on terminal disclaimers, an important issue in patent portfolio management. In both cases, the plaintiff asserted a patent for which a terminal disclaimer had been filed… Read More

Covenants Not to Sue Trigger Patent Exhaustion

The interaction of the patent exhaustion doctrine and covenants not to sue was highlighted in a recent opinion from the District of Delaware in Purdue v. Collegium. The court denied Collegium’s motion to dismiss, which was premi… Read More

State Universities Not Entitled to Sovereign Immunity from IPRs

Sovereign immunity does not exempt state governments from inter partes review, according to a Federal Circuit decision issued on Friday in Regents of the University of Minnesota v. LSI Corp. The decision extends the Federal Circui… Read More

On-Sale Bar Applies to Report Generated by Patented Invention

The on-sale bar spelled the end for some of Quest Integrity’s patent claims against Cokebusters in a recent Federal Circuit decision. Interestingly, the on-sale bar applied not because of a sale of a claimed invention but becaus… Read More

Markman Ruling Finds Preamble Limiting, Claim Term Indefinite

The Southern District of Texas issued an interesting Markman ruling in ConocoPhillips v. In-Depth Geophysical. While the court construed most of the claim terms in ConocoPhillips’s favor, In-Depth managed to secure rulings that… Read More

IPA Technologies Bats .500 on Subject Matter Eligibility

The District of Delaware recently issued an instructive decision on eligible subject matter under § 101, invalidating one family of patents while upholding another. IPA Technologies, Inc. v. Amazon.com, Inc. Plaintiff IPA Technol… Read More

Secret Sales Are Still Prior Art under the On-Sale Bar

In a short, unanimous opinion, the Supreme Court held that “secret sales” count as prior art under the on-sale bar. The Court, in the anticipated case Helsinn Healthcare v. Teva Pharmaceuticals, found that Helsinn’s agreemen… Read More

E.D. Tex. Invalidates E-Ticket Patents Under § 101

Magistrate Judge Payne in the Eastern District of Texas recently recommended invalidating two e-ticket patents for ineligible subject matter under § 101. In Bytemark v. Masabi, No. 2:16-cv-00543-JRG-RSP (E.D. Texas, Nov. 25, 2018… Read More

Fitness-Tracking Cartoon Not Patent Eligible

Personal Beasties stumbled out of the gate against Nike, with a district court invalidating Personal Beasties’ patent for ineligible subject matter on a motion to dismiss. Personal Beasties Group LLC v. Nike Inc., An animated ch… Read More

Heart-Monitoring Ineligible under § 101 as Abstract Idea

The District of Massachusetts recently granted a motion to dismiss for ineligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test in a case involving home electrocardiogram sensors, CardioNet, LLC v. InfoBionic, Inc… Read More

Upcoming Webinar

Preparing and Prosecuting Functional Claims
October 23, 2019 at 12:00 pm EDT
There continues to be a dramatic impact on the interpretation of functional claim terms after the Federal Circuit decision in Williamson v. Citrix Online L.L.C. Since means-plus-function claiming can be utilized in almost every field of innovation, p…Register

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