The Court of Appeals for the Federal Circuit agreed with the trial court that there was no evidence of “use” by a single person or entity and therefore no direct infringement because no direct infringers “used” the claimed “authenticating device configured to . . . generate a … [Read more...]
Venue for Patent Infringement Requires Established Geolocation of Infringers Business
The Court of Appeals for the Federal Circuit, in construing the patent venue statute, 28 U.S.C. sec. 1400(b), ruled that the proper venue to bring suit against an accused infringer is a physical, geographical location in the district from which the business of the defendant is … [Read more...]
Programmable Caches Operable with Different Processors Enhancing Computer Performance Is Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a trial court’s decision and held that a programmable memory caches, permitting the system to operate with different processors, which enhances computer performance is patent eligible subject matter under 35 U.S.C. sec 101 and … [Read more...]
Scraping Publicly Available Data Does Not, in a Preliminary Injunction Setting, Violate CFAA
The U.S. District Court for the Northern District of California, granted HiQ’s motion for preliminary injunction, prohibiting LinkedIn from changing its access code to block HiQ’s efforts to scrape data from the LinkedIn website to gather employment data. HIQ Labs, Inc. v. … [Read more...]
Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
The Court of Appeals for the Federal Circuit, in a case involving patent infringement, trademark infringement, and violations of an unfair trade practices act, ruled that an award of attorneys fees under the Patent Act, 35 U.S.C. § 285, and the Lanham Act, 15 U.S.C. § 1117(a), … [Read more...]
C&D Letters Do Not Establish Specific Personal Jurisdiction for Declaratory Judgment Action
The Court of Appeals for the Federal Circuit held that, when a patentee’s agent pertinent contacts with Texas are limited to the cease and desist letters sent to an alleged infringer in Texas, those letters may be sufficient to constitute minimum contacts with the forum but they … [Read more...]
Terms of Service Binds Uber APP Users to Arbitration
The Court of Appeals for the Second Circuit ruled that customer Meyer agreed to arbitrate his claims with the ride hailing company Uber by agreeing to the Terms of Service (TOS) linked to the Uber APP on Meyer’s cell phone. Meyer v. Uber Technologies, et al., Case No. 16-2750 … [Read more...]
“FIRST TUESDAY” trademark descriptive of new lottery games
In the case In re: North Carolina lottery, Case No. 2016-2558, Fed. Cir. August 10, 2017 (Available Here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) decision refusing to register the mark FIRST TUESDAY in connection with lottery services and … [Read more...]
Lower Attorneys Fees Proper Against Defaulted Parties When No Willfulness Proven
The Court of Appeals for the Eighth Circuit upheld the district court’s decision denying plaintiff’s attorneys fees against a defendant in default because (a) the Federal Trademark Act, the Lanham Act, 15 U. S.C. § 1051, et seq, is grounded in equity; (b) plaintiff did not prove … [Read more...]
Message Publishing System Patent Invalid as Having Ineligible Patent Subject Matter
The Court of Appeals for the Federal Circuit upheld the district court’s decision that EasyWeb’s patent claims on a message publishing system defined ineligible patent subject matter under 35 U.S.C. § 101 and Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2355 (2014). … [Read more...]
