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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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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…
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