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"Write Once, Run Anywhere" – POS Patent Infringement Lawsuit Reversed on Appeal

"Write Once, Run Anywhere" – POS Patent Infringement Lawsuit Reversed on Appeal

In this POS patent infringement lawsuit, CardSoft sued VeriFone and others asserting infringement of its software patents. Both companies are in the point of sale (POS) industry that consumers recognize as credit card readers, and also the industry that Apple is seeking to gain market share in with its new concept of Apple Pay. At …

Message to Patent Trolls: Lose & You Will Pay Attorney’s Fees

Message to Patent Trolls: Lose & You Will Pay Attorney’s Fees

The American system is unlike many others when it comes to paying the attorney’s fees of the winner in litigation. Patent cases have always been a little different in that the relevant statutes allowed for the district court judge to consider a fee motion in favor of the winner in a patent infringement suit. Until …

Buysafe, Inc. v. Google, Inc.- Another Business Method Patent Invalidated

Buysafe, Inc. v. Google, Inc.- Another Business Method Patent Invalidated

On September 3, 2014, the United States Court of Appeals for the Federal Circuit affirmed a lower court’s finding that the claims to a patent owned by buySAFE, Inc. are invalid under 35 U.S.C. section 101. Perhaps more significantly, the Court of Appeals used the approach recently affirmed by the United States Supreme Court in …

$147.2 Million Jury Award against Blackberry Overturned

$147.2 Million Jury Award against Blackberry Overturned

On August 22, 2014, the United States Court of Appeals affirmed a lower court’s findings that Research In Motion Limited and Research In Motion Corporation (BlackBerry) did not infringe U.S. Patent No. 6,970,917 (“’917 patent”), owned at the time of suit by MFormation Technologies, Inc. and mFormation Software Technologies, Inc. (MST). After a jury trial …

One Plus One Does Not Equal New. The Federal Circuit Invalidates I/P Engine’s Patents

One Plus One Does Not Equal New. The Federal Circuit Invalidates I/P Engine’s Patents

I/P Engine brought a patent infringement lawsuit against Google and several other defendants for infringing on several of its patents. The patents at issue relate to a method for filtering Internet search results. The patents’ main operational features determine the relevance of an Internet search by, for example, extracting text from a web page (known …

$30 Million Verdict Against Google Overturned Due (in part) to Prior Art Admissions in Patents

$30 Million Verdict Against Google Overturned Due (in part) to Prior Art Admissions in Patents

On August 15, 2014, the United States Court of Appeals for the Federal Circuit, in I/P Engine, Inc. v. AOL, Inc. et al, reversed a lower court’s decision granting I/P Engine, Inc. an award for over $30 million in damages against Google, AOL, and Target for patent infringement. The Appeals Court’s reversal was based on …

In Patent Infringement One Word Makes all the Difference

In Patent Infringement One Word Makes all the Difference

In 2005, a pharmaceutical corporation named ScriptPro obtained a patent on a device relating to an automated prescription container dispensing system that automatically fills and labels pill bottles. See Scriptpro, LLC v. Innovation Associates, Inc., 2013-1561, 2014 WL 3844192, at * 1 (Fed. Cir. Aug. 6, 2014); COLLATING UNIT FOR USE WITH A CONTROL CENTER …

Suing Competitors for Patent Infringement or Filing a Citizen Petition with the FDA May Violate Antitrust Laws

Suing Competitors for Patent Infringement or Filing a Citizen Petition with the FDA May Violate Antitrust Laws

In addressing whether a competitor’s patent infringement suit and filing of a Citizen Petition with the Federal Drug Administration can result in the violation of antitrust laws, the Court of Appeals for the Federal Circuit affirmed a district court’s finding that the patentee’s assertion of the validity of its patents was a sham. The court …

Foreign Marketing Materials Relevant to Patent Infringement

Foreign Marketing Materials Relevant to Patent Infringement

In Amdocs Ltd. v. Openet Telecom, Inc. (Fed. Cir. 2014) the United States Court of Appeals for the Federal Circuit recently reversed the District Court for the Eastern District of Virginia in a case between competitors in the so called data mediation software industry. The case involves Amdocs Israel Limited (Amdocs), which sued Openet Telecom, …

Galderma Labs Patents Invalidated for Obviousness

Galderma Labs Patents Invalidated for Obviousness

Last week, on December 11, 2013, in Galderma Labs., L.P. v. Tolmar, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Bryson, Prost*) reversed the district court’s judgment that U.S. Patents No. 7,579,377, No. 7,737,181, No. 7,834,060, No. 7,838,558, and No. 7,868,044, (the Patents) were not invalid for obviousness under 35 U.S.C. § …

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