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By Eric Waltmire on December 31, 2011
Ultramercial v. Hulu, Dkt. No. 2010-1544 (Fed. Cir. Sept 15, 2011) [PDF]. Ultramercial sued Hulu, YouTube, and Wildtangent Inc. alleging each infringed U.S. Patent 7,346,545. Hulu and YouTube were dismissed from the case. The trial court granted WildTangent’s motion to dismiss WildTangent from the case on the basis that the ’545 patent did not claim [...]
Posted in Feature, Software Patents | Tagged 2011 patent cases, method claims, patentable subject matter, software patents |
By Eric Waltmire on November 12, 2011
Odom v. Microsoft, 2011-1160 (Fed. Cir. May 4, 2011) [PDF]. Inventor Odom sued Microsoft alleging that Microsoft infringed Odom’s U.S. Patent 7,363,592 directed to a method for manipulating groups of tools in toolbars in a computer software application. The district court found certain claims the of ’592 patent invalid as obvious in view of U.S. Patent 6,057,836, stating that Odom had [...]
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By Eric Waltmire on September 25, 2011
Classen Immunotherapies, Inc. v. BioGen IDEC, No. 2006-1634 (Fed Cir. Aug 31, 2011) [PDF]. In this case the court considered the scope of patentable subject matter under 35 USC 101. While the patents-in-suit are directed toward methods of medical treatment, the scope of patent able subject matter under section 101 is often considered in computer [...]
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By Eric Waltmire on June 6, 2011
Innovention Toys, LLC v. MGA Entm’t, Inc., Dkt. No. 2010-1290 (Fed. Cir. March 21, 2011) [PDF]. Innovation sued MGA, Wal-Mart, and Toys “R” Us (collectively, MGA) for infringement of Innovation’s U.S. Patent No. 7,264,242. The ’242 patent is directed to a light-reflecting physical board game. MGA’s accused game is Laser Battle, a physical board game [...]
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By Eric Waltmire on May 29, 2011
Hynix Semiconductor v. Rambus, 2009-1299 (Fed. Cir. May 13, 2011) [PDF] and Micron Technology v. Rambus, 2009-1263 (Fed. Cir. May 13, 2011) [PDF]. In both of the above cited cases Rambus sued makers of SDRAM and DDR SDRAM alleging infringement of a number of Rambus owned patents. A key issue addressed by the Federal Circuit [...]
Posted in Attorney Resources, Feature, Software Patents |
By Eric Waltmire on April 30, 2011
Creative Internet Adver. Corp. v. Yahoo!, Inc., 2010-1215 (Fed Cir. April 22, 2011) [PDF]. Creative sued Yahoo! claiming Yahoo!’s instant messaging product, Yahoo! Messenger infringed U.S. Patent No. 6,205,432. The ’432 patent is directed to a system where references to advertisements are inserted between end users of an instant messaging software. The claim at issue [...]
Posted in Feature, Software Patents |
By Eric Waltmire on April 2, 2011
Move, Inc. v. Real Estate Alliance, Dkt No. 2010-1236 (Fed. Cir. Mar. 22, 2011) [PDF]. Move sued Real Estate Alliance (Real) seeking declaratory judgment that Real’s U.S. Patent No. 4,870,576, and 5,032,989 (the ’989 patent) were invalid. Real appealed the district courts construction of claim 1 of the ’989 patent. Claim 1 provides: A method [...]
Posted in Feature, Software Patents |
By Eric Waltmire on February 17, 2011
Fifth Generation Computer Corp. v. IBM, Dkt No. 2010-1201 (Fed. Cir. Jan 26, 2011) [PDF]. Fifth Generation sued IBM for alleged infringement of US patent 6,000,024, which is directed to binary tree parallel computing systems. It is well known that parallel computing systems attempt to increase processing speed by the use of multiple processors operating [...]
Posted in Feature, Software Patents |
By Eric Waltmire on January 29, 2011
St. Clair Intellectual Prop. Consultants v. Cannon, 2009-1052 (Fed. Cir. 2011) [PDF] This case raised the issue of whether one or two references to an alternative embodiment (MPEG) in the specification can overcome the predominance and repeated reference to the first embodiment (still images). Two issues are explored here (1) whether all the claims were [...]
Posted in Feature, Software Patents |
By Eric Waltmire on January 20, 2011
Centrillion Data Systems LLC v. Quest Communications International, 2010-1110 (Fed. Cir. Jan 20, 2010) [PDF] This case addresses the issue of whether infringement may be found for a “use”–under 35 U.S.C. 271(a)– of a system claim, which includes elements in the possession of more than one actor, e.g., the service provider possesses some elements and [...]
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