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Source Code Review — What Must a Defendant Provide During the Review?

In a case from the Eastern District of Texas, the district court granted an emergency motion to compel pertaining to source code contained on a stand-alone computer. In the case, Hyundai had loaded its source code on a stand-alone computer and provided a standard text-editor (Notepad), a source code editor…

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Divided Infringement Leads to a Finding of No Infringement

In a recent case from the United States District Court for the District of Delaware, the district court held that the defendant was not liable for patent infringement based on the doctrine of divided infringement. The district court based its ruling on the Federal Circuit’s decision in Centillion Data Sys.,…

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Microsoft Loses Clear and Convincing Evidence Challenge to Validity of Patents

The United States Supreme Court affirmed the use of the clear and convincing evidence standard for challenges to the validity of patents last week in a closely watched and eagerly anticipated case, i4i v. Microsoft. The Supreme Court’s opinion re-affirmed decades of case law that the standard to challenge the…

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Patent for Insurance Claim Processing Held Invalid Under Bilski

In a recent decision from the United States District Court for the District of Delaware, the district court considered defendant’s motion for summary judgment of invalidity. The plaintiff’s patent is directed to a computer program for developing a component based software for the insurance industry. The patent contained both method…

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The Person of Ordinary Skill in the Art May Not Save your Patent

To have a valid patent, an inventor must disclose sufficient detail in the specification to enable the patent, often referred to as the enablement requirement. To fulfill the enablement requirement, an inventor must disclose enough detail in the patent to teach a person of ordinary skill in the art to…

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Discovery Regarding Future Products Denied Despite Argument of Accelerated Market Entry

In a patent case pending against Intel in the District of New Mexico, the plaintiff sought to compel the production of Intel’s future products that were under development. The litigation involved plaintiff’s claim that Intel infringed its patent for a process called “double patterning,” which is a process that allows…

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Scheduling Orders in Multi-Defendant Litigation – Another Decision

One of the district courts in the Eastern District of Texas has issued several orders in multi-defendant patent infringement cases addressing whether changes to the court’s normal scheduling orders were necessary. The district court has previously expressed concern in several cases that defendants may be faced with a Hobson’s choice…

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Challenge the Written Description–Or Lose Your Patent

In pursuing patents for their inventions, inventors need to make sure that earlier filed provisional patent applications filed by other inventors do not preclude the inventor’s patent application. The Federal Circuit’s decision in In re Giacomini, (Fed. Cir. July 7, 2010) affirmed a USPTO Board of Patent Appeal’s decision that…

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Glory Licensing LLC v. Toys “R” Us, Inc.: The Machine-or-Transformation Test Is Not Satisfied

In a recent decision from New Jersey, the district court granted a motion to dismiss for failure to state a claim. The district court granted the motion because the plaintiff’s patents did not qualify as patentable subject matter under the machine-or-transformation, which the United States Supreme Court has recently determine…

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