Inadequate Infringement Contentions Are Struck

Because of insufficiencies in a plaintiff’s infringement contentions, a plaintiff was precluded from asserting the doctrine of equivalents (DOE) concerning any claim, and was also precluded from asserting any infringement wi… Read More

CFAA - “without authorization” and “exceed authorized access”

This blog has previously covered the division of authority concerning how to interpret “without authorization” and “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030.  Does the CFAA merely p… Read More

Functional Language Can Have Patentable Weight

The Federal Circuit has held that functional language in a software claim should be given patentable weight.  In re Jasinski, No. 2012-1482 (Feb. 15, 2013). Accordingly, the Court reversed the U.S. Patent and Trademark OfficeR… Read More

Estoppel and Inter Partes Review of Patent Validity

Do the estoppel provisions of the inter partes re-examination statute preclude a third party from relying on prior art in litigation where, after the third party has included the prior art in its request for inter partes re-examin… Read More

The America Invents Act for Non-Patent Lawyers

The America Invents Act, as every patent lawyer knows, makes significant changes to the practice of patent law in the United States.  Especially if you are not a patent lawyer, you may find helpful my recent article,  “Som… Read More

Claims for Vicarious Liability for Direct Patent Infringement Dismissed (But Claims for Direct Infringement Were Adequately Pled)

Allegations that the popular Slingbox device directly infringes two patents satisfied Form 18 of the Federal Rules of Civil Procedure, and thus survived a motion to dismiss.  Joao Control and Monitoring Systems of California LLC… Read More

Settlement Agreement Does Not Prevent Suit Against Microsoft Customers

There is a reason why parties negotiating settlement agreements in patent cases often devote considerable time and energy to negotiating language covering use of patented technology by the licensee’s customers and downstream… Read More

Check Fraud Prevention Patent Passes Bilski Test

Saying the issue was a “close call,” a Missouri court has ruled that method and apparatus claims directed to using encrypted codes to prevent check fraud are patent-eligible under 35 U.S.C. § 101.  Advanced Software Design C… Read More

Notes on the New Detroit Patent Office

This article was originally published in the May 7, 2012, issue of the Michigan Lawyers Weekly.  Here is a link to my previous comment on the Detroit Patent Office. In July, the United States Patent and Trademark Office will op… Read More

Intellectual Property Assignments Are Crucial

This item is mainly for non-lawyers.  The worst thing in the world is to have difficulty obtaining an assignment of source code ownership from a software developer, or for the developer to depart with valuable trade secrets.  Wo… Read More