Posts Tagged: "symantec"

Federal Circuit Clarifies ‘Inventive Concept’ as Applied to Computers

This case concerned the subject matter eligibility of patents under 35 U.S.C. § 101, for a computer-related invention. The Federal Circuit affirmed the district court’s decision that two patents were ineligible, and reversed the court’s decision that one patent was eligible. All three patents at issue were held to be drawn to abstract ideas, and none of them had a patentable inventive concept… There was no inventive concept because the ’142 claims provided only generic computers performing generic functions. The proper inquiry is whether each step in a claim does more than require a generic computer to perform generic computer functions, not whether the prior computers already applied that concept.

It is time for Judge Mayer to Step Down from the Federal Circuit

Simply stated, the industry and the public deserve better than Judge Mayer. His anti-patent views so cloud his judgment that he twists, exaggerates and misrepresents in order to attempt to impose his radical views into the law. There is no place for a judge like that. It is time for him to leave the Court. If he chooses not to do that it would seem appropriate for the Court to do what they would with an attorney who grossly exaggerates and mischaracterizes cases and rulings.

Finjan patent lawsuit against Symantec back on track after patents escape IPR

Finjan Holdings, Inc. (NASDAQ: FNJN), the parent of wholly-owned subsidiary Finjan, Inc., announced several weeks ago that the Patent Trial and Appeal Board (PTAB) of the United States Patent & Trademark Office (USPTO) issued the final rulings on attempts by Symantec Corporation’s (NASDAQ: SYMC) to invalidate 8 different Finjan’s patents through inter partes review (“IPR”). In total, Symantec filed 11…

Finjan wins big patent victory as USPTO denies institution on 6 Symantec IPR petitions

That Finjan would prevail in six separate IPR institution decisions relating to the same patent litigation seems an extraordinary long shot. While Finjan has not said it in a press release or to me directly (see more later), allow me to notice that this speaks volumes both about the relative strength of the Finjan patents and the relative weakness of the Symantec invalidity case against these patents. If the PTAB wasn’t even willing to take another look in a proceeding that is so hopelessly stacked against the patent owner these patents are about as rock solid from a validity standpoint as they could possibly be.

Intellectual Ventures Brings Second Patent Infringement Lawsuit Against Symantec

Patent and technology firm, Intellectual Ventures (IV), recently brought a new complaint against computer security company, Symantec, claiming that the company infringed on three of its patents. To be specific, the complaint alleges that three of Symantec’s products (Replicator, Veritas Volume Replicator, and ApplicationHA) “actively, knowingly and intentionally” infringed on three separate IV patents. Symantec was also sued as part of a different complaint by IV back in 2010, along with Trend Micro, McAfee, and Point Software Technologies.

Article One Partners Searching for Prior Art for STEC IP Patents

On May 22, 2012, STEC IP brought separate patent infringement lawsuits against Apple, Amazon and Oracle. Little information about STEC IP seems available. In the complaints filed they explain only that they are a Delaware limited liability company having a principle place of business in Greensboro, North Carolina. Under Delaware law Members of the LLC (i.e., owners) may remain anonymous, therefore, those who are behind STEC IP may remain a mystery. Of course, it is known that STEC IP is being represented by Richard Kirk of Bayard and Mark Hogge of SNR Denton, both of whom are listed as attorneys for STEC IP in the respective filings. Each of the patents asserted by STEC IP are now undergoing review by the Article One Partner’s research community.

Intellectual Ventures Becomes Patent Troll Public Enemy #1

Intellectual Ventures unleashed three separate patent infringement litigations in the U.S. District Court of Delaware against companies in the software security; dynamic random access memory (DRAM) and Flash memory; and field-programmable gate array (FPGA) industries. While I do not begrudge any patent owner their day in court to seek redress for infringement, we really should at least notice the obvious hypocrisy of Intellectual Ventures, who for years said they were only amassing a defensive portfolio and had no interest in becoming what we all knew they could become; namely that most massive patent troll on the planet.

Doll Wastes No Time, USPTO Considers Deferred Examination

John Doll has wasted no time moving forward to try and put his stamp on the United States Patent Office.  One week ago today Doll, who became Acting Undersecretary of Commerce for Intellectual Property and Acting Director of the United States Patent & Trademark Office when Jon Dudas resigned, announced in the Federal Register that the USPTO will hold a…

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