Posts Tagged: "patent infringement"

Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California granting judgment on the pleadings to Google, Facebook, EMC Corporation and VMware, Inc. that PersonalWeb Technologies’  patent claims were ineligible under Section 101. The decision was precedential and written by Judge Prost. The case has a long history and the CAFC has dealt with the patented technology before. The specific patents at issue here are U.S. Patent Nos. 7,802,310 (“the ’310 patent”), 6,415,280 (“the ’280 patent”), and 7,949,662 (“the ’662 patent”). The patents generally cover “data-processing systems that assign each data item a substantially unique name that depends on the item’s content—a content-based identifier.”

Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose. As we move into an era of Artificial Intelligence (AI), quantum computing, and 5G telecommunications that supports Kurzweil’s vision, we must make sure that our laws and federal agencies match the pace of invention and protect innovators from trolls who would game the legal system and government functions for their ill-gained profit. 

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement of GlaxoSmithKline’s (GSK’s) patent directed to a method of treating Congestive Heart Failure (CHF) using carvedilol. The court clarified, however, that its ruling should apply only narrowly to the facts of this particular case. Judge Prost again dissented.

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue. In April 2019, Andra sued the Defendants for infringement of U.S. Patent No. 8,078,498 (‘498 patent), which claims inventions directed to presenting articles on a webpage. Andra’s infringement claims focus on the victoriassecret.com website, and other functional smartphone applications for using the “master display field,” which the ‘498 patent claims.

Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices

Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices for consumers and curbing perceived abuses of the patent system by brand pharmaceutical companies. The bills would do so by increasing the Federal Trade Commission’s (FTC’s) authority to initiate enforcement actions against drug companies. Senator Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, opened the meeting with an explanation of the need for the bills. He said that nearly 40% of U.S. patients struggle to pay for medication. The world’s best-selling drug, Humira, brought in $16 billion in sales in 2019 and Humira manufacturer, AbbVie, has obtained 130 patents on the drug, with 90% filed after Food and Drug Administration (FDA) approval.