Next week, on March 15, 2017, the Federal Circuit Bar Association and the Intellectual Property Law Association of Chicago are hosting an Intellectual Property Law Symposium at the University Club of Chicago from 8:45am until 5:00pm. Register here. Speakers include Northern District of Illinois Judges Castillo, Feinerman, Holderman (Ret.), Kendall, and Pallmeyer; as
Alice Dismissal, Without More, is Not Necessarily Exceptional
O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.).
Judge Tharp denied defendant Narrative Sciences’ 35 U. S.C. § 285 motion to make the case exceptional after using a motion to dismiss in this patent case.
The Court previously held that O2 Media’s…
2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review
I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights:
- 101 jurisprudence
- 42 cases holding patents invalid as unpatentable; 2 cases upholding validity. That is one more than last
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2016 Rocky Mountain IP Conference: Magistrate Judges Panel
I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, one of the highlights of the Institute was the judges panel. This year’s panel was a group of federal magistrate judges discussing IP litigation. As usual, it was a lively panel that delved deep into the…
Online Merchandise Customization Methods Were Not Patentable
American Needle, Inc. v. Zazzle Inc., No. 15 C 3971, Slip Op. (N.D. Ill. Jan. 19, 2016) (Darrah, J.).
Judge Darrah granted defendant Zazzle’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff American Needle’s patent claims to methods for selling objects such as caps over the internet because the patent was unpatentable pursuant…
Generic Computer System Not Made Patentable by Connection to Other Programs
Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Jan. 29, 2015) (Hart, Sen. J.).
Judge Hart granted defendants’ Mercedes-Benz USA’s and Daimler’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff Vehicle Intelligence & Safety’s (“VIS”) patent claims as unenforceable because they were patent ineligible…
Patent Eligibility Could Not be Decided on the Pleadings
Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Mar. 13, 2014) (Hart, Sen. J.).
Judge Hart denied defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s patent infringement claims related to screening drivers for various types of impairment and “controlling operation” of the vehicle …