On February 10, 2016 the Court of Appeals for the Federal Circuit (CAFC) decided the case of Convolve, the Massachusetts Institute of Technology v. Compaq Computer Corp. and Seagate Technology, Inc. (February 10, 2016, 2014-1732, CAFC). The technology at issue in the case involved improvements in computer hard drives described in US Patent No. 6,314,473…

In Rosebud LMS INC. v. Adobe Systems Incorporated (CAFC, 2015-1428, February 9, 2016) the Court of Appeals for the Federal Circuit (CAFC) affirmed the District Court’s grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 3 5 U. S. C. Section 154 (d). Rosebud filed three suits against Adobe…

On January 15, 2016, the U.S. Supreme Court agreed to review the appealability of decisions to institute an Inter Partes Review (“IPR”) proceeding before the Patent Trial and Appeal Board (“PTAB”) and the appropriate claim construction standard to be used in IPR proceedings. In IN RE: CUOZZO SPEED TECHNOLOGIES, LLC, 2014-1301 (CAFC, July 8, 2015),…

The US Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International Et Al., 573 U.S. ___ (6/19/2014) (“Alice”)  has again held that the scope of patentable subject matter is narrow for business method patents. The representative method claim at issue in Alice recited the following steps: (1) “creating” shadow records for each counterparty…

The American Intellectual Property Law Association (AIPLA) has filed an Amicus Brief (friend of the court)in Biosig Instruments, Inc. v. Nautilus , 2012-1289 (April 26, 2013, CAFC).  A link to the US Supreme Court docket on the appeal is found here. The Federal Circuit reversed a district court decision that a patent claim to a…

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