Charles Bieneman
Principal author, The Software IP Report

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

Patent-Eligibility Lessons from the PTAB (No. 1)

How is the USPTO’s Patent Trial and Appeal Board (PTAB) addressing patent-eligibility rejections under 35 U.S.C. § 101 in ex parte appeals?  What arguments work, and what arguments fail, when you are trying to persuade the PTA… Read More

Inequitable Conduct: Prior Device Material to Method Claim?

A court has struck an inequitable conduct defense as inadequately pled because, said the court, the allegedly withheld prior art directed to a device was not material to a patent claim directed to a method for manufacturing a simi… Read More

IPR Estoppel Regarding Petitioned, Non-Instituted Claims

A Wisconsin district court held that 35 U.S.C. § 315(e) can estop an accused infringer from challenging a patent claim’s validity when based on a new invalidity theory, even when the PTAB did not institute review of the claim.… Read More

Creating “Member” Webpages Held Not Patent-Eligible

Patent claims directed to allowing “Internet users to communicate with members of a group” via “designated webpages” are not patent-eligible under 35 USC § 101, said the court in EveryMD.com LLC v. Facebook Inc., No. CV 1… Read More

Are Patient Monitoring Claims Patent-Eligible?

Addressing a defendant’s motion for judgment on the pleadings, a court has held that some patent claims directed to monitoring and analyzing patient data cannot be deemed patent-ineligible at the pleading stage, while other asse… Read More

Click-Fraud Prevention Patent-Ineligible in CBM Review

Two patents directed to “detect[ing] invalid and fraudulent impressions and clicks in web-based advertisement systems” are Covered Business Method Patents under Section 18 of the America Invents Act, and moreover are patent-in… Read More

CAFC Says Internet Message Publishing Not Patent-Eligible

The Federal Circuit has found patent-ineligible claims of five “patents [that] are generally directed to allowing ‘any person or organization to easily publish a message on the Internet.’” EasyWeb Innovations LLC v. Twitte… Read More

Estoppel, or Lack Thereof, in Inter Partes Reexaminations

The Federal Circuit recently clarified the scope of estoppel for inter partes reexaminations, ruling in a pair of decisions that a district-court decision only estops arguments against individual claims of a patent and that a dism… Read More

What Facts Support Inequitable Conduct at the Patent Office?

Here is an interesting case addressing whether the affirmative defense of inequitable conduct was adequately plead as an affirmative defense in answer to a complaint for patent infringement.  In Music Choice v. Stingray Digital G… Read More