Federal Case Summaries
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Federal Circuit
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Alice Corp. v. CLS Bank (Federal Circuit En Banc 2013) — Court Fragments Over § 101 Framework for Software Patents

The Federal Circuit, sitting en banc, affirmed invalidity of Alice’s financial settlement software patent claims — but produced seven separate opinions with no majority rationale, reflecting deep disagreement on how to apply § 101 to software and setting the stage for the Supreme Court’s

Federal Circuit
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Biosig Instruments v. Nautilus (Federal Circuit 2013) — Court Upholds ‘Spaced Relationship’ Claim Under Lenient Indefiniteness Standard, Drawing Supreme Court Correction

The Federal Circuit held that the term ‘spaced relationship’ in a heart rate monitor patent was not indefinite because it was ‘amenable to construction’ and not ‘insolubly ambiguous’ — applying its then-prevailing indefiniteness test that the Supreme Court unanimo

Federal Circuit
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Lighting Ballast Control v. Philips Electronics — Federal Circuit Reconsiders Claim Construction Standard (Cybor Retained)

The Federal Circuit, sitting en banc, affirmed the Cybor de novo standard of review for claim construction — declining to overturn its 1998 precedent requiring appellate courts to review district court claim construction rulings without deference, in a decision that set the stage for the Supreme Cou

Federal Circuit
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InterDigital Communications v. ITC — Federal Circuit Holds Patent Licensing Alone Satisfies ITC Domestic Industry Requirement

The Federal Circuit affirmed that a patent holder whose domestic industry consists solely of licensing activities — with no domestic manufacturing — can satisfy Section 337’s domestic industry requirement at the ITC, opening the door wider for non-practicing entities to use exclusion orders as

Federal Circuit
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Akamai Technologies v. Limelight Networks — Federal Circuit En Banc Expands Inducement to Cover Divided Method Infringement

The Federal Circuit sitting en banc held that a party who induces multiple actors to collectively perform all steps of a method patent claim can be liable for induced infringement even if no single party directly infringes all steps — significantly expanding liability for divided infringement of int

Federal Circuit
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Bancorp Services v. Sun Life Assurance — Federal Circuit Holds Life Insurance Valuation Patents Invalid as Abstract Ideas

The Federal Circuit held that patents on computer-implemented methods for managing stable-value life insurance policies are directed to an abstract idea and therefore invalid under § 101, ruling that adding generic computer implementation to an abstract mathematical algorithm does not create patent-

Federal Circuit
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Bard Peripheral Vascular v. W.L. Gore & Associates — Federal Circuit Affirms $371M Enhanced Damages for Willful Infringement of Vascular Graft Patent

The Federal Circuit affirmed a $371 million enhanced damages award against W.L. Gore for willful infringement of Bard’s vascular graft patent — one of the largest patent verdicts in history — holding that Gore’s employee did not qualify as a joint inventor and that the pioneering PTFE gr

U.S. Court of Appeals for the Sixth Circuit
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Static Control Components v. Lexmark International — Sixth Circuit Addresses Lanham Act False Advertising Standing

The Sixth Circuit held that Static Control Components had standing to sue Lexmark under the Lanham Act for false advertising in the toner cartridge market — a ruling affirmed by the Supreme Court in 2014 under a new zone-of-interests and proximate cause standing framework that displaced the split am

U.S. Court of Appeals for the Second Circuit
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Viacom International v. YouTube — Second Circuit Addresses DMCA Safe Harbor Knowledge Standards for User-Generated Content

The Second Circuit reversed the district court’s grant of summary judgment to YouTube, holding that the DMCA § 512(c) safe harbor does not protect a service provider that had actual knowledge or awareness of specific infringing material — and that willful blindness to pervasive infringement ca

Federal Circuit
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Orthokinetics v. Safety Travel Chairs — Federal Circuit on Product-by-Process Claims and Definiteness

The Federal Circuit held that MySpace’s social networking website did not infringe Graphon’s patents on searchable online databases, finding the asserted claims invalid as obvious combinations of well-known internet database and search technologies — an important post-KSR ruling on obvio

Federal Circuit
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Dealertrack v. Huber — Federal Circuit Holds Computer-Aided Credit Application Clearinghouse Is Patent-Ineligible Abstract Idea

The Federal Circuit held that Dealertrack’s claims covering a computer-aided system for routing automobile dealer credit applications to lenders were directed to the unpatentable abstract idea of processing credit applications — striking down the patents under § 101 because adding ‘apply

Federal Circuit
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Typhoon Touch Technologies v. Dell — Federal Circuit on Means-Plus-Function and Indefiniteness for Touchscreen Patents

The Federal Circuit reversed a finding of indefiniteness in a touchscreen patent dispute, holding that a claim term need not be expressed in traditional means-plus-function form to invoke § 112(f) — and clarified when functional claim language triggers the algorithm-disclosure requirement, with sign

Federal Circuit
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Ultramercial v. Hulu — Federal Circuit Holds Internet Advertising-as-Currency Patent Eligible Under § 101

The Federal Circuit reversed a district court dismissal and held that Ultramercial’s patent on distributing copyrighted content free-to-consumers in exchange for viewing advertisements was patent-eligible subject matter under § 101 — finding the multi-step process involved meaningful, non-abst

Federal Circuit
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Classen Immunotherapies v. Biogen IDEC — Federal Circuit Addresses § 101 for Vaccination Scheduling Method Claims

The Federal Circuit held that Classen Immunotherapies’ method claims for identifying optimal vaccination schedules to reduce chronic immune-mediated disorders were patent-eligible under § 101 in part — distinguishing between claims that merely require correlating a natural relationship and cla

Federal Circuit
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CyberSource Corp. v. Retail Decisions — Federal Circuit Holds Credit Card Fraud Detection Method Is Unpatentable Mental Process

The Federal Circuit held that CyberSource’s patent on a method of detecting credit card fraud by tracking internet addresses was directed to an unpatentable mental process — a gathering and comparing of information that a human could perform in their mind — and that reciting a Beauregard compu

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