Posts in Validity

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
2 days 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
4 days ago 0

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
22 days 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
23 days 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
27 days 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
1 month ago 2

SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB

On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics …
By Steve Brachmann
1 month ago 4

PTAB Chief Attempts to Explain Expanded Panel Decisions, Sovereign Immunity at PPAC

Given the PTAB's ability to make decisions precedential, Ruschke's argument about how important and meaningful it is to have expanded panels to ensure uniformity misses the mark. …
By Steve Brachmann & Gene Quinn
1 month ago 9

Federal Circuit Reverses and Remands Board Decision Upholding Patentability

In an appeal from an IPR in which the Board upheld the patentability of several patent claims, the Federal Circuit vacated the decision and remanded to the …

Google Suffers IPR Defeat on Patent Asserted Against YouTube by Network-1

On Tuesday, January 23rd, the Court of Appeals for the Federal Circuit issued a ruling in Google LLC v. Network-1 Technologies, Inc. which affirmed a finding by …
By Steve Brachmann
2 months ago 0

CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court

Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
By Steve Brachmann
2 months ago 10

Why is PTAB spending precious resources killing good patents?

Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
By Gene Quinn
2 months ago 28

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
2 months ago 0

Court Affirms Inherent Disclosure of Monsanto Soybean Claims

The Federal Circuit affirmed the rejection of several claims in a patent owned by Monsanto... Extrinsic evidence is permissible to interpret an allegedly anticipating references and to …