Charles Bieneman
Principal author, The Software IP Report

Amending Patent Infringement Contentions

When do the results of claim construction proceedings justify a patent plaintiff in amending its infringement contentions?  A court in the Eastern District of Texas allowed the plaintiff to accuse certain software components for… Read More

Enforcing Trade Secrets and IP Contract Rights

What happens when parties to a joint development agreement don’t follow agreed-to procedures for identifying technology created under the agreement?  Lawyers can ensure that joint development agreements are larded with proc… Read More

Misrepresenting Infringement Under the DMCA

A pro se plaintiff was unable to plead adequately that Viacom had knowingly misrepresented that the plaintiff infringed Viacom’s copyrights when Viacom sent DMCA takedown notices to various content providers.  Ouellette v.… 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

No Personal Jurisdiction in Cybersquatting Case

An entity alleged to be the alter ego of a plaintiff bringing an action for reverse domain name hijacking is not subject to the personal jurisdiction of the court on a trademark infringement counterclaim.  AIRFX v. AirFX, No. CV… Read More

Stays Pending Reexamination: Timing Matters

As demonstrated by the recent opinion in Interwoven, Inc. v. Vertical Computer Systems, Inc., No. C 10-04645 RS (N.D. Cal. Mar. 8, 2012), timing and circumstances can be very important when seeking a stay of litigation pending a p… 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

Service by E-mail

Internet scofflaws often operate anonymously or under pseudonyms, and frequently provide false addresses, making them difficult to locate and serve.  This has led some courts to allow service via e-mail, a helpful tool to remembe… Read More

Must an Offer to License Be Reasonable and Non-Discriminatory?

What does a patent owner have to do to meet a requirement of a standards setting organization (SSO) that license terms be reasonable and non-discriminatory (RAND)?  Does the patent owner simply need to be willing to license on RA… Read More

Clickwrap Agreement Is Binding (But Arbitration Provision Is Not)

A “clickwrap” agreement can form a binding contract even when all agreement terms are not included in the document to which the user assents, and the user must access other documents to be informed of the entire contract. Gros… Read More

Upcoming Webinar

The November B2 IP Webinar is being presented by Thomas Bejin, member of Bejin Bieneman, who will provide an update on recent case law and developments associated with willful patent infringement. Mr. Bejin will discuss best practices when considerin…Register

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