Remote Medical Imaging Patents Found Too Abstract for Protection

AI Visualize, Inc. v. Nuance Commc’ns, Inc. Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the ongoing challenges of patenting software-based inventions, especially those involving data processing and remote access. In this case, AI Visualize,…

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Trademark Board’s Extension and Evidence Decisions Upheld in Hair Product Mark Dispute

Araujo v. Framboise Holdings Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how the Trademark Trial and Appeal Board (TTAB) handles requests for more time and the kind of evidence needed to prove who…

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Remote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules

Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…

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Patent Claims on Targeted Online Ads Face Mixed Results in Court

Chewy, Inc. v. IBM Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the challenges of enforcing patents related to online advertising and targeted marketing. The dispute centered on two patents owned by IBM: U.S. Patent…

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PREP Act Immunity Claim Stalls Patent Dispute Over COVID-19 Swabs

Copan Italia SpA v. Puritan Med. Prods. Co. LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the limits of immediate appeals when it comes to claims of immunity under the Public Readiness and Emergency…

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Patent Board Can Allow New Arguments on Amended Claims, Even from Joined Parties

CyWee Grp. Ltd. v. ZTE (USA), Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights how the U.S. Patent Trial and Appeal Board (PTAB) handles motions to amend patent claims during inter partes review (IPR) proceedings, especially when new…

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Defendants Can’t Recover IPR Fees or Hold Opposing Counsel Liable in Patent Disputes

Dragon Intell. Prop. LLC v. DISH Network L.L.C Authored by: Jeremy J. Gustrowsky A recent appellate decision clarifies the limits of attorney fee awards in patent disputes, especially when a defendant prevails by invalidating a patent through inter partes review…

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Jury’s $20 Million Patent Verdict Against Google’s Nest Thermostats Upheld

EcoFactor, Inc. v. Google LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has affirmed a jury’s $20 million verdict against Google, finding that its Nest smart thermostats infringed EcoFactor, Inc.’s U.S. Patent No. 8,738,327. The…

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Medical Device Importation for FDA Approval Falls Under Patent Safe Harbor

Edwards Lifesciences Corp. v. Meril Life Scis. Priv. Ltd Authored by: Jeremy J. Gustrowsky A recent decision clarified how the “safe harbor” provision in U.S. patent law protects companies when they import medical devices for activities related to FDA approval.…

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IPR Decisions Don’t Automatically Invalidate Patent Claims in District Court, Says Federal Circuit

Inland Diamond Prods. Co. v. Cherry Optical Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and challengers alike, the Federal Circuit in Inland Diamond Products Co. v. Cherry Optical Inc. clarified that findings from Patent…

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Federal Circuit Clarifies Anti-SLAPP Appeals in Patent-Related Trade Secret Disputes

IQE PLC v. Newport Fab, LLC Authored by: Jeremy J. Gustrowsky In IQE PLC v. Newport Fab, LLC (doing business as Jazz Semiconductor, Tower Holdings, and others), the Federal Circuit addressed when a party can immediately appeal the denial of…

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Federal Circuit Upholds Non-Infringement in Fence Patent Dispute Over Connector Design

Barrette Outdoor Living, Inc. v. Fortress Iron, LP Authored by: Jeremy J. Gustrowsky In a recent patent dispute between Barrette Outdoor Living and Fortress Iron, the U.S. Court of Appeals for the Federal Circuit examined claims related to innovative fencing…

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