From the category archives:

patent litigation

USPTO Calculations For Patent Term Adjustments Have Been Wrong

January 12, 2010

The U.S. Patent and Trademark Office (USPTO) has been erroneously calculating the periods of patent term adjustment for PTO delays in issuing patents, the U.S. Court of Appeals for the Federal Circuit held on January 7, 2010.  The court refused to accept the PTO’s interpretation of 35 U.S.C . 156(b)(1) for purposes of identifying “periods [...]

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Did Pre-Bilski Claim Construction Help Doom Patent Validity In District Court?

July 13, 2009

U.S. District Courts in California continue to be somewhat hostile towards patent applications when it comes to the question of what constitutes patentable subject matter.  On July 7, the U.S. District Court for the Central District of California applied the Bilski machine-or-transformation test to the patentability of a method claim and found the claimed system [...]

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Business Method Patent Tips Offered In Wake of Bilski, Comiskey, MuniAuction

June 19, 2009

Patent practitioners discussed the viability of business method/software patent protection during a recent BNA audioconference looking at recent decisions by the U.S. Court of Appeals for the Federal Circuit.  But, they also provided clues on best strategies for litigating patents that have already been granted.
The June 3rd conference, sponsored by BNA’s Legal & Business EDge division, [...]

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AIPLA Spring Meeting: District Court Judge Has Not Seen Impact post-eBay

May 18, 2009

After hearing presentations describing a different “post-eBay world” in the wake of the U.S. Supreme Court’s much debated decision on injunctive relief, Judge Joseph J. Farnan of the U.S. District Court for the District of Delaware argued that the high court’s 2006 ruling “hasn’t done a whole lot,” and rather can best be seen as [...]

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District Court Judge’s Observations On Business Method Patents After Bilski

April 5, 2009

Back on March 27, we discussed where Bilski was applied in a recent case in the U.S. District Court for the Northern District of California to invalidate a patent held by CyberSource Corp. for a system to detect fraud in online credit card transactions.  The Harvard Journal of Law & Technology’s Jolt Digest also has [...]

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Microsoft and TomTom Settle Patent Infringement Cases

March 30, 2009

Microsoft Corp. and TomTom N.V. today announced that they have settled the patent infringement cases brought by Microsoft before the U.S. District Court for the Western District of Washington and the International Trade Commission (ITC) and by TomTom in the U.S. District Court for the Eastern District of Virginia.
The cases have been settled through a [...]

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Bilski Test For Patentable Subject Matter Applied in District Court

March 27, 2009

CyberSource Corp. v. Retail Decisions Inc., case number 04-cv-03268, in the U.S. District Court for the Northern District of California.
A federal judge invalidated a patent held by CyberSource Corp. for a system to detect fraud in online credit card transactions, finding that it does not meet the Bilski test. Retail Decisions Inc. was the [...]

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Recent Info on Damages Awarded in Patent Litigation

March 24, 2009

New story about the damages issue as a roadblock to patent reform over at the National Law Journal (free registration).   Mostly comments about how major industries are split over the issue.  The article included a couple of graphs showing damages by industry and median amount that were interesting:

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