New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Industry

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Amended Contentions Deemed Timely Served Due to Parties’ Misunderstanding

alarm lock-1Under some circumstances, party error can excuse late-filed amendments to infringement and invalidity contentions, according to a recent decision by Judge F. Dennis Saylor IV. Approximately five years ago, plaintiff DataTern, Inc. (“DataTern”) filed a patent infringement suit against defendant MicroStrategy, Inc. (“MicroStrategy”) over a patent claiming a “method for interfacing an object oriented software application … Continue Reading

Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

patent dispute-8The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask the court to give certain terms their ordinary and customary meaning—the meaning that the terms would have to those skilled in … Continue Reading

Cheerleader Uniform Designs Protectable Under Copyright Act

copyrightThe Supreme Court recently held in Star Athletica, L.L.C. v. Varsity Brands, Inc., that the designs on certain cheerleader uniforms may be protected copyrights. The 6-2 decision clarified the test to be applied when determining whether a feature incorporated into the design of a useful article would be eligible for copyright protection.… Continue Reading

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

ip address-2A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the alleged infringement, has sought and received pre-service leave to serve a subpoena upon the Internet Service Provider (or … Continue Reading

Mobile Payment Patent Remains Legal Tender after Alice Challenge

barcode scanner-3In the post-Alice world, patents that relate in any material way to financial processes or systems have come under increased attacks in the early stages of infringement litigation—as defendants aim to secure a cheap and fast exit from the controversy. While such challenges are often successful, such an outcome is not guaranteed. In one recent case, a … Continue Reading

Summary Judgment Shot Down in Rifle Patent Lawsuit

hunting rifle-1In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard, but denied the motion with respect to infringement under the doctrine of equivalents. The case arose when the plaintiff, Davies Innovations, Inc., the owner of a U.S. patent … Continue Reading

With $450.00 in Connecticut Sales, AMP Medical Subject to Personal Jurisdiction in Trademark Lawsuit

skin care-4A recent case from the District of Connecticut provides important insight into personal jurisdiction analysis, and serves as a reminder that sometimes even modest connections to a state can render a company subject to suit in that state. Here, Judge Vanessa Bryant found that Connecticut could exercise personal jurisdiction over AMP Medical Products, a Nevada company that sold … Continue Reading

Supreme Court Limits Foreign Reach of the U.S. Patent Act

dna_v3The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling yesterday by the United States Supreme Court. The court found significant limitations on the reach of Section 271(f)(1), a law … Continue Reading

Judge Young Addresses Possibility Versus Plausibility in Patent Pleadings

semionductor-4Judge Young granted a plaintiff leave to file an amended complaint that satisfactorily pushed its claim from merely possible to plausible, in a recent opinion from the District of Massachusetts. The analysis is instructive to prospective plaintiffs as to the threshold showing of use that must be made to sufficiently support a patent infringement claim. In the original complaint, the … Continue Reading

Privilege Claims Validated in Counterfeit Detection Dispute

money-4In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) – the exclusive supplier of banknote paper for United States currency – and defendant Rolling Optics, AB (“RO”) – that, among other things, manufactures 3D micro-optic … Continue Reading

Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

flashlight-4For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a stay of the litigation while the reexam proceeds. Such stays, however, are not automatic but instead left up to the court’s discretion. In … Continue Reading

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

printer-1Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil Procedure, litigants have been faced with a number of questions concerning the level of detail a plaintiff needs to include in a … Continue Reading

No Stay Pending IPR in Brewing Patent Dispute

coffee-1District court patent defendants often request a parallel inter partes review (“IPR”) proceeding at the U.S. Patent Office to challenge the validity of the patent at issue. As such IPR proceedings have the potential to kill the patent, district courts have more often than not stayed their proceedings while they wait on the outcome of the … Continue Reading

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the District of Connecticut recently felt this pain, as its complaint was dismissed under Rule 12(b)(6) for failing … Continue Reading

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by Judge Zobel, a Massachusetts jury last week returned a verdict for Plaintiffs Brigham and Women’s … Continue Reading

Close Shave on Whether Cease and Desist Letter Creates DJ Jurisdiction

shaving-razor-4Rather than wait around for the hammer to fall, companies under threat of an intellectual property lawsuit sometimes choose to file a declaratory judgment complaint. Such “DJ” complaints usually ask the court to clear the air and decide the issue in the filer’s favor. Declaratory judgment filers are often motivated by the fact that they can … Continue Reading

Sunrise’s Infringement Complaint Gets the Green Light

light_bulbIn a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This was despite a challenge to the sufficiency of the pleadings in the patent owner’s complaint. The patent owner, Sunrise Technologies, asserted a patent directed to the monitoring … Continue Reading

Future and Unreleased Products Can’t Drive Litigation

fuel_injection_1In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US Carburetion, had lost previous motions to throw the case out due to lack of declaratory judgment jurisdiction. But after repeatedly asserting that it does not want to … Continue Reading

Clean Bill of Health for Tuberculosis Testing Patents in Eligibility Challenge

TB-4After the Supreme Court’s recent decisions in Alice, Mayo, and Myriad that narrowed the bounds of patentable subject matter, defendants have routinely asked courts to invalidate patents in certain technology areas—such as software and biotechnology—as patent ineligible. A recent decision out of the District of Massachusetts offers a prescription for success for patentees in surviving such an eligibility challenge. In … Continue Reading

Accused Infringer Puts the Screws on Patentee

We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though the patentee had produced some evidence of copying, and even though the accused infringer had not shown a motivation … Continue Reading

Final Judgment Prescribed For Antibody Patent After Double Patenting Decision

We previously wrote about Judge Wolf’s decision to invalidate Janssen Biotech, Inc.’s (“Janssen”) biopharmaceutical patent (U.S. Patent No. 6,284,471 (the “’471 Patent”)), based on the doctrine of obviousness-type double patenting. Celltrion Healthcare Co. Inc. (“Celltrion”) subsequently moved the court for an entry of final judgment dismissing Janssen’s infringement claims premised on the ’471 Patent.  While … Continue Reading

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the tables on a patentee by invalidating two patents relating to eyeglass screw technology at the summary judgment stage.… Continue Reading

In Autoimmune Disorder Diagnosis Patent Case, Section 101 Motion to Dismiss Denied

In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due to patent ineligibility under 35 U.S.C. § 101 . In their motion, defendants Mayo Collaborative Services LLC and Mayo Clinic (collectively “Defendants”) argued that the … Continue Reading
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