patent infringement Archives

Amazon Brand Registry

What is Amazon Brand Registry? Brand owners work hard to protect their intellectual property (IP), including their trademarked brands. Amazon has recently become one of the largest companies in the world by providing a marketplace for sellers and buyers to…

How to Design Around and Avoid Patent Infringement

When a company is in the early stages of product development, a freedom to operate search may reveal potentially problematic patents. To avoid lengthy and expensive patent litigation, the company should at least consider potential modifications to the product’s…

Early Dismissal on § 101 Grounds Is Improper When Claims Need Construction

The U.S. Court of Appeals for the Federal Circuit ruled in MyMail v. ooVoo, No. 2018-1758, 2019 U.S. App. LEXIS 24430 (Fed. Cir. Aug. 15, 2019), that a court must adopt a non-moving party’s claim constructions or otherwise resolve claim…

Computer-Centric Details Critical to Success in Uniloc Decision

The U.S. Court of Appeals for the Federal Circuit confirmed the invalidation of claims in two patents, and reversed the district court’s finding that two other patents in the same family were invalid for lack of subject-matter ineligibility, in Uniloc…

Win Some, Lose Some

In February of 2019, the U.S. Court of Appeals for the Federal Circuit issued a nonprecedential opinion finding that claims involving an improvement to a GUI for software that enabled traders to place orders at a particular price level (not…

Is Everyone Skeptical of the U.S. Patent Office’s New Guidelines?

The U.S. Court of Appeals for the Federal Circuit recently cast doubt on the 2019 Updated Guidelines on Subject-Matter Eligibility issued by the U.S. Patent and Trademark Office. In Fed. Circuit Cleveland Clinic Found. v. True Health Diagnostics LLC, No.…

Top 5 Reasons for Outsourcing Legal Services

The best in-house legal counsel does not just outsource legal work for cheaper foreign labor. They also outsource legal work for expert work done domestically. This transfer of work is called legal process outsourcing. The most recent trend in this…

Federal Circuit Raises the Bar for Motions to Dismiss on § 101 Grounds

The Court of Appeals for the Federal Circuit reversed the grant of a motion to dismiss on subject-matter ineligibility grounds in Visual Memory v. Nvidia Corp. , No. 2016-2254, 2017 U.S. App. LEXIS 15187 (Fed. Cir. Aug 15, 2017). The…

BASCOM’s Nonstandard Combination of Known Software Elements Implemented on Generic Computer Hardware Confirmed Patentable

The Federal Circuit Court of Appeals reversed the grant of a motion to dismiss BASCOM Global Internet Services’ patent infringement claims on the grounds that the claims recite patent-eligible subject matter on June 27, 2016. The Federal District Court for…

Electronic Arts Secures Early Dismissal of Patent Infringement Suit

On June 2, 2016, the U.S. District Court for the District of Utah granted Electronic Arts Inc.’s motion to dismiss a patent infringement claim brought by White Knuckle Gaming, LLC. White Knuckle Gaming had asserted claims of U.S. Patent No.…

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