On May 6, 2021 from 12:00 p.m. – 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (IPLAC) is hosting a panel discussion focusing on topics related to Section 101. A selection of topics will be discussed. The panel is being moderated by A. Christal Sheppard Professor, University of Nebraska College of Law, Distinguished
Rule 12 101 Patentability Determination is Appropriate Where Claims & Specification Raised No Factual Inventiveness Issues
By R. David Donoghue on
Posted in Pleading Requirements
Checksum Ventures, LLC v. Dell Inc., No. 18 C 6321, Slip Op. (N.D. Ill. Sep. 30, 2019) (Dow, J.).
Judge Dow granted defendant Dell’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Checksum’s patent as invalid as unpatentable pursuant to 35 U.S.C. Section 101, with leave to amend in this patent dispute regarding…
Dog Tug Toy Withstands Section 101 Challenge
By R. David Donoghue on
Posted in Pleading Requirements
This is a cross-post written by my partner Anthony Fuga from Holland & Knight’s Section 101 Blog. I am cross-posting because Anthony’s post is about a Judge Durkin 101 opinion in FYF-JB, LLC v. Pet Factory, Inc., No. 19cv2608 (N.D. Ill.). I am also posting it because Anthony’s 101 analysis at the Section…
Lex Machina 2017 Patent Litigation Study — Patent Reform at Work
By R. David Donoghue on
Posted in Legal News
This analysis is being cross-posted at my [Chicago IP Litigation blog/Retail Patent Litigation blog].
Lex Machina recently published its comprehensive 2017 patent litigation year in review. As usual, it is full of fascinating data and charts, which I commend for your consideration.
Most of us in the space know the biggest…
Creation of Television Channel Guides Unpatentable Pursuant to §101
By R. David Donoghue on
Posted in Pleading Requirements
Tech. Dev. & Licensing, LLC v. General Instr. Corp., No. 07 C 4512, Slip Op. (N.D. Ill. Dec. 6, 2016) (Lefkow, J.).
Judge Lefkow granted defendant GI’s motion for summary judgment of invalidity based upon 35 U.S.C. §101 and denied as moot GI’s motion to exclude plaintiff TD&L’s expert’s opinions in this patent dispute…
Attorney’s Fees Denied After Early §101 Invalidity Decision
By R. David Donoghue on
Posted in Damages, Local Rules
O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.).
Judge Tharp denied prevailing defendant Narrative Science’s 35 U.S.C. §285 motion to make exceptional and for attorney’s fees in this patent dispute after granting Narrative Science’s motion to dismiss which held plaintiff O2 Media’s…
Federal Circuit Bar Association & IPLAC CLE: Intellectual Property Law Symposium
By R. David Donoghue on
Posted in Legal News
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
By R. David Donoghue on
Posted in Trial
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…
Online Merchandise Customization Methods Were Not Patentable
By R. David Donoghue on
Posted in Federal Rules, Pleading Requirements
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…
NPE Litigation is Back in 2015
By R. David Donoghue on
Posted in Legal News
This recent RPX[1] report tells retailers what you likely already knew anecdotally – NPE cases are back. Patent litigation filings in the first half of 2015 are close to 2013 levels. As you are likely aware, this is in stark contrast to the large drops in 2014 filings.
The 2014 drop was largely explained…