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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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