Contingent Patent Assignee Has Standing to Assert Patent

A patent assignee was found to have standing to assert a patent assigned to it, even though the patent assignor retained both a conditional right to mandate a return assignment, and to receive 50% of any enforcement proceeds.  In… Read More

Pleading Patent Infringement: Claim Chart Required (Redux)?

For a plaintiff to state a cause of action for patent infringement, some courts hold that  general allegations – without an infringement claim chart – suffice.  Here are two examples of courts joining other courts at the oth… Read More

Patent Complaint IDs Software Suite, Passes Iqbal/Twombley

A complaint alleging patent infringement by a suite of four software products met the Iqbal/Twombley standard, said a court in denying the defendant’s motion to dismiss.  Gracenote, Inc. v. Sorenson Media, Inc., Case No. 2:16-c… Read More

Software’s Capability to Infringe Is Not Patent Infringement

A claim for direct patent infringement could not be sustained where Microsoft software, even under the plaintiff’s theory of infringement, would have required additional user configuration before all claim elements were met.  P… Read More

Laches Is a Defense to Patent Infringement No More

The United States Supreme Court recently held that under the Patent Act, laches is not a defense to claim for damages when the infringing acts occurred within the six-year time limitation provided for recovering damages under 35 U… Read More