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Troutman Sanders Federal Circuit Review – December 11, 2014

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Lawsuit Seeking Declaratory Judgement to Shield Drug from Patent Is Premature When Brought Prior to Filing for FDA Approval 

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December 12, 2014   Comments Off

Federal Circuit Rejects Section 101 Challenge to Software Patent

Since the Supreme Court’s decision earlier this year in Alice Corp. v. CLS Bank Int’l., 134 S.Ct. 2347 (2014), the Federal Circuit has decided a series of cases in which it invalidated software patents for failing to claim eligible subject matter under 35 U.S.C. § 101. As recently as mid-November, the Federal Circuit invalidated a patent that claimed a detailed method for providing internet content in exchange for watching an advertisement, reversing its pre-Alice ruling that the patent claimed patent-eligible subject matter. Ultramercial, Inc. v. Hulu, LLC, 2014 U.S. App. LEXIS 21633 (Fed. Cir. Nov. 14, 2014). On December 5, however, a Federal Circuit panel held in a 2-1 decision written by Judge Chen that the claims of a software patent relating to Internet e-commerce “clear the § 101 hurdle.” DDR Holdings, LLC v. Hotels.com, L.P., 2014 U.S. App. LEXIS 22902 (Fed. Cir. Dec. 5, 2014), found here.

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December 12, 2014   Comments Off

Troutman Sanders Federal Circuit Review – December 5, 2014

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Failure to Challenge All Asserted Claims in a USPTO Covered Business Method Proceeding Does Not Justify Denial of Accused Infringer’s Statutory Motion to Stay District Court Litigation.
  • A Claim Limitation is Not Inherent When It Differs from the Natural Result of Combining Elements that are Explicit in the Prior Art. 

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December 9, 2014   Comments Off

EDVA: REDSKINS Defendants Can’t Have It Both Ways

As we previously wrote about this year, the Trademark Trial and Appeal Board (TTAB) cancelled Washington Redskins owner Pro-Football Inc.’s REDSKINS trademark registrations finding that the marks are disparaging to Native Americans. Pro-Football subsequently filed a complaint in the Eastern District of Virginia seeking review of that decision. In an interesting move, defendants filed a motion to dismiss the suit alleging that there is no judicially cognizable dispute because they have no direct stake in the outcome of the case. This is despite the fact that Defendants are the very group of Native Americans who petitioned for cancellation of the REDSKINS marks in the first place. In an opinion denying the motion and confirming that defendants need not necessarily have an economic interest to nonetheless have an interest in the outcome of a review of a TTAB cancellation, Judge Lee has told the defendants they can’t have it both ways. That is, they cannot now claim they have no stake in the outcome of the case when they claimed previously to the TTAB that they did, namely, that the REDSKINS marks were damaging to them. Read the full opinion here: Pro-Football, Inc. v. Blackhorse et al., No. 1:14-cv-01043-GBL-IDD (E.D. Va. Nov. 25, 2014). [Read more →]

December 3, 2014   Comments Off

Patent Infringement Plaintiff’s Bid to Compel Documents from Subsidiary Denied

Plaintiff Freight Tracking Technologies recently suffered a setback in its patent infringement suit against APM Terminals North America, Inc. In its suit, Freight Tracking alleges that two “automated” ports operated by APM—one in Portsmouth, Virginia, and the other, “Pier 400,” near Los Angeles, California—practice the GPS-enabled container tracking methods of two of its patents. Freight Tracking recently moved to compel production of technical specification documents related to Pier 400, owned and operated by a wholly-owned subsidiary of APM, arguing that APM is liable for the subsidiary’s infringement. [Read more →]

December 3, 2014   Comments Off

Tips for Attorney’s Fee Requests in the EDVA

Magistrate Judge Leonard’s recent decision in Intelligent Verification Sys., Inc. v. Microsoft Corp., Civil Action No. 2:12CV525 (E.D. Va. Nov. 25, 2014), found here, offers some helpful pointers on attorney’s fee applications in the EDVA. While Intelligent Verification involved an award of fees for a motion to compel, the guidance highlighted below applies to most claims for attorneys’ fees:

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December 3, 2014   Comments Off

EDVA Jury Awards $35 Million in Patent Infringement Action

On November 18, after an eleven-day jury trial before District Judge Henry Morgan, a Norfolk federal court jury awarded $34,741,971.00 to a Virginia Beach company, LifeNet Health, on its patent infringement claims against LifeCell Corporation.  The jury’s verdict can be found here.

LifeNet sued LifeCell for infringement of U.S. Patent No. 6,596,200 (the “’200 patent”). The ’200 patent relates to improving the preservation methods of soft tissue grafts, resulting in a lesser chance of the graft failing. According to LifeNet, the patented invention provides plasticized soft tissue products that are similar in physical, chemical and biological properties as compared to normal tissue without the inherent disadvantages of other soft tissue products.

The jury found that four accused products infringed all six asserted claims of the ‘200 patent and rejected LifeCell’s claims of anticipation, obviousness and invalidity for lack of enablement.

In a summary judgment ruling issued just days before trial, Judge Morgan rejected both parties motions for summary on the infringement claims and rejected LifeCell’s motions for summary judgment of indefiniteness, anticipation and willful infringement, noting that “Defendant’s invalidity argument stretched the Court’s claim construction beyond what it intended, and also relied on a point of law that may give controlling weight to the inventor’s deposition testimony.” A copy of the summary judgment decision can be found here.

November 23, 2014   Comments Off

EDVA Judge Invalidates Patent on Satellite-Based Emergency Notification System

In a lengthy opinion issued November 19, Judge Brinkema of the EDVA held that a patent on a text messaging system for use in emergencies in remote areas was both anticipated and rendered obvious by the prior art. DeLorme Publishing Co., Inc. v. BriarTek IP, Inc., 2014 U.S. Dist. LEXIS 162197 (E.D. Va. Nov. 19, 2014), found here. While Judge Brinkema’s decision is very fact-dependent, she relies on several legal principles which may be helpful to EDVA practitioners.

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November 21, 2014   Comments Off

Troutman Sanders Federal Circuit Review – November 21, 2014

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Collateral estoppel may preclude construction of a claim limitation in a reexamined patent if the limitation has been previously construed and presents an identical issue. 

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November 21, 2014   Comments Off

Troutman Sanders Federal Circuit Review – November 14, 2014

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Use of the Term “Module” Did Not Specify A Means-Plus-Function Claim. 

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November 14, 2014   Comments Off