Monthly Archives: December 2018

Glasswall Solutions Ltd. et al. v. Clearswift Ltd.

Docket No. 2018-1407 LOURIE, LINN, TARANTO December 20, 2018 Non-precedential Brief summary: DC dismissal of suit for failure to state a claim (FRCP 12(b)(6)) after the asserted claims are invalid as patent ineligible abstract ideas under § 101 affirmed (e.g., … Continue reading

Posted in Patentability, Software | Leave a comment

Spineology, Inc. v. Wright Medical Technology, Inc.

Docket No. 2018-1276 PROST, DYK, MOORE December 14, 2018 Brief summary: DC denial of Wright’s motion for attorney’s fees under § 285 affirmed (e.g., “fee awards are not to be used ‘as a penalty for failure to win a patent … Continue reading

Posted in Attorney's Fees | Leave a comment

Jack Henry & Associates, Inc. et al. (JH) v. Plano Encryption Technologies LLC (PET)

Docket No. 2016-2700 NEWMAN, WALLACH, STOLL December 7, 2018 Brief summary: DC dismissal of JH’s DJ action against reversed and remanded since PET’s letters to the Banks charging infringement established minimum contacts in the ND TX and PET did not … Continue reading

Posted in Article III disputes, Jurisdiction | Leave a comment

Gust, Inc. v. AlphaCap Ventures, LLC et al. (Gutride Safier LLP)

Docket No. 2017-2414 WALLACH, LINN, HUGHES September 28, 2018 Brief summary: DC award of fees under § 1927 (“baseless complaint”) against Gutride reversed. Summary: Gutride (a law firm representing AlphaCap) appealed the DC’s “award of fees under 28 USC § … Continue reading

Posted in Attorney's Fees, Patentability | Leave a comment

In Re: David Tropp

Docket No. 2017-2503 PROST, CLEVENGER, MOORE December 12, 2018 Non-precedential Brief summary: Board decision affirming the examiner’s rejection of claims for lacking a sufficient written description under § 112 vacated and remanded because the Board did discuss in its opinion … Continue reading

Posted in Written description | Leave a comment

VirnetX Inc. v. Apple, Inc.

Docket Nos. 2017-2490, -2494 (IPR2016-00331) MOORE, CHEN, HUGHES December 10, 2018 Brief summary: Board’s conclusions VirnetX’s claims were shown obvious by Apple affirmed as VirnetX was collaterally estopped from relitigating whether prior art RFC2401 was a § 102(b) printed publication … Continue reading

Posted in Collateral estoppel | Leave a comment

Novartis Pharm. Corp. et al. v. Ezra Ventures LLC

Docket Nos. 2017-2284 MOORE, CHEN, HUGHES December 7, 2018 Brief summary: FC panel agreed with DC that § 156 PTE was proper even if it might otherwise be invalid for obviousness-type double patenting. Summary: Ezra appealed DC conclusion that the … Continue reading

Posted in Double Patenting | Leave a comment