Posts in Validity


Federal Circuit Reverses District Court’s Invalidation of Patents Asserted Against Apple

On appeal to the Federal Circuit, Zeroclick argued that the district court erred in construing those two terms as means-plus-function limitations, an argument with which the Federal …
By Steve Brachmann
14 days ago 0

In Tinnus v. Telebrands, Federal Circuit Reverses PTAB’s Finding of Indefiniteness After PTAB Erred in Packard Analysis

On Wednesday, May 30th, the Court of Appeals for the Federal Circuit entered a decision in Tinnus Enterprises v. Telebrands Corporation which reversed and remanded an earlier …
By Steve Brachmann
19 days ago 9

The PTAB Continues to Break Patent Promises to the Detriment of Inventors

Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …

WesternGeco’s Time-Bar Argument Fails to Save its Invalidated Patents

On appeal, WesternGeco argued 1) the Board erred as to its unpatentability determinations; and 2) the IPR proceedings were time-barred under 35 U.S.C. § 315(b) because ION acted in …

Federal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms

On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, …

CAFC Upholds Section 101 Invalidity Finding on Rule 12(b)(6) Motion, Nixing Patents Covering App Management

On Monday, April 9th, the Court of Appeals for the Federal Circuit upheld the invalidity of a series of patents asserted against the American subsidiary of Japanese …
By Steve Brachmann
2 months ago 22

Federal Circuit Reverses PTAB Invalidation of Wireless Network Patent in Apple Cases Involving APJ Clements

The Court of Appeals for the Federal Circuit recently issued a decision in DSS Technology Management v. Apple, which reversed an earlier decision by the Patent Trial …
By Gene Quinn & Steve Brachmann
2 months ago 3

Federal Circuit Issues Rule 36 Affirmance of PTAB After Acknowledging Lack of Technical Knowledge in Oral Arguments

On March 13th, the Court of Appeals for the Federal Circuit issued a decision in Cascades Projection v. Epson America, which upheld a ruling by the Patent …
By Steve Brachmann
3 months ago 4

Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents

Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
By Steve Brachmann
3 months ago 1

Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents

A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
By Steve Brachmann
3 months ago 1

Idenix Loses Patent on HCV Treatment that Supported $2.54 Billion Infringement Verdict

In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case …
By Steve Brachmann
4 months ago 4

Blackbird Technologies to Appeal Ineligibility Ruling in Cloudflare Patent Infringement Litigation

“One thing that I find curious is that Cloudflare claims to have 150 patent assets on the same type of technology,” Verlander said. Such assets include U.S. …
By Steve Brachmann
4 months ago 17

Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101

In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …

Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss

"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
By Steve Brachmann
4 months ago 6

Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time

The recent Federal Circuit decision in Elbit Systems of America, LLC v. Thales Visionix, Inc. affirmed a final written decision issued by the Patent Trial and Appeal …
By Steve Brachmann
4 months ago 2