Notice Pleading Contributory and Induced Patent Infringement

Bare bones allegations that a defendant knew of a patent, and intended others’ infringement, were not enough to sustain allegations that the defendant indirectly, i.e., contributorily and by inducement, infringed the patent.… Read More

Sanctions Denied Where Patent Plaintiff's Theory of Infringement Was (Barely) Colorable

A plaintiff whose theory of patent infringement depended on reading the word “at” to mean “associated with” was not subject to sanctions for bringing suit, even though the court found “unconvincing… Read More

Computerized Method of Managing Financial Instruments Not Patent Eligible

Yet another district court has invalidated patent claims under 35 U.S.C. § 101.  In Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC, No. 6:10-cv-1373 (M.D. Fla. March 30, 3012), the court held that a “… Read More

Therapeutic Treatment Regimen Not Patent Eligible Despite Computer Implementation

In a decision that was probably made easy by the Supreme Court’s recent Prometheus decision, a D.C. district court has invalidated, as patent ineligible under 35 U.S.C. § 101, patent claims that recite using a computer to r… Read More

Divided Infringement and Non-Infringement

A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not be indirec… Read More

Software Claims Held Patent Eligible

A Northern District of California court has rejected an argument that “a method of executing an instruction” was not patent eligible subject matter.  Nazomi Communications, Inc. v. Samsung Telecommunications, Inc., No… Read More

Software Patent (and Other) Lessons From Prometheus v. Mayo

In addressing claims directed to medical diagnoses, the Supreme Court’s opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. may actually lend some clarity to questions of patentability pertaining to soft… Read More

Meeting the Notice Pleading Standard for Patent Infringement

The court in Gradient Enterprises, Inc. v. Skype Technologies S.A, No. 10-CV-6712L (W.D.N.Y. March 13, 2012), addressed the confusion concerning pleading standards in patent infringement actions following the Supreme Court’s… Read More

Claims Upheld Under Bilski in the E.D. Texas

A recent Eastern District of Texas decision found patentable subject matter in claims directed to determining Current Procedural Technology (“CPT”) codes based on information gathered during a physician-patient encount… Read More

Mixing a System and Method Steps in a Single Patent Claim

A recent Eastern District of Texas opinion holds that a patent claim can recite a system that performs method steps without being indefinite under 35 U.S.C.  § 112, ¶ 2.  Oasis Research v. AT&T Corp, 2012 U.S. No. 4:10-CV-… Read More