New England IP Blog

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

Category Archives: Software

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Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge Robert Chatigny granted AJB Software’s motion to dismiss, agreeing with AJB that the “bare bones” allegations in Protegrity’s complaint were insufficient … Continue Reading

Protegrity Loses Bid to Centralize in Connecticut

The Judicial Panel on Multidistrict Litigation ordered nearly twenty patent cases pending across six districts (including Connecticut, Oklahoma, Oregon, Texas, and the Northern and Southern districts of California) and involving fifteen different companies to proceed collectively in the Northern District of California.  The decision may be a drawback for plaintiff Protegrity Corporation which originally moved … Continue Reading

Blueprint Generation Software Not Eligible for Patenting

Speeding up a blueprint generation process that can be done by hand does not make computer software eligible for patenting. So reasoned the New Hampshire district court in another of a bevy of post-Alice district court decisions that have found certain software patents invalid under § 101 of the Patent Act. The case involved EastCoast’s … Continue Reading

EveryScape’s Patents Hit Their Vanishing Point

Last week, a federal jury in Massachusetts delivered a verdict in favor of patent-defendant Adobe Systems, invalidating all asserted claims of EveryScape’s two asserted patents.  Earlier in the litigation, the court found at summary judgment that a tool in the Vanishing Point filter of Adobe’s popular Photoshop software directly infringed EveryScape’s patents.  So at trial, Adobe … Continue Reading

Pre-Litigation Correspondence Does Not Secure Personal Jurisdiction

Plaintiffs considering bringing suit in the District of Connecticut take heed: “Plaintiffs cannot vest a Connecticut court with personal jurisdiction over a person simply by hurling an accusation of patent infringement across the country at that person and then receiving responses in Connecticut,” according to a recent order from Judge Shea.  To provide some background, … Continue Reading

No Need to Wait to Stay: Epicor Obtains Litigation Stay After Requesting Covered Business Method Review

There is no need to wait for the Patent Office to institute a review.  According to a recent order from Magistrate Judge Margolis in the District of Connecticut, the district court may stay a patent litigation as long as the defendant has filed a petition at the Patent Office requesting a patent validity review under the … Continue Reading

The Blurred Lines of the Indefiniteness Road Map

As lower courts begin to apply the Supreme Court’s reworded standard for indefiniteness as set forth in Nautilus, Inc. v. BioSig Instruments, Inc., they have grappled with the question of where to draw the line between claims that are not indefinite and those that are.  In a recent order by Judge Landya McCafferty, the New Hampshire … Continue Reading

Serial Adversaries Are No Big Deal

Massachusetts District Court Judge Indira Talwani reminded litigants that for lawyers to be conflicted out of a case, they must be on the other side of the “v” from a former client, not a former adversary, since the issue is ultimately whether counsel will be constrained from vigorous representation of their new client.  The order concerned a case … Continue Reading

Veracode Wins Patent Infringement Trial Against Appthority

Following a nine day trial, last Friday a Boston jury delivered a patent infringement verdict in favor of Veracode, Inc. and Rovi Solutions Corporation.  In the case before Judge Woodlock in the U.S. District Court for the District of Massachusetts, Veracode and Rovi accused Appthority, Inc. of infringing two patents.  The two asserted patents, U.S. … Continue Reading

FairWarning: Your Patent May Be Invalid

In a new case before Judge Douglas Woodlock, Massachusetts-based Iatric Systems filed for a declaratory judgment that a patent held by FairWarning, a Florida company, is invalid. Iatric and FairWarning are competitors marketing computer software designed to alert health care facilities to potential violations of patient privacy.  The patent at issue, U.S. Patent No. 8.578,500, … Continue Reading

No Pay Day for Protegrity’s Indirect Infringement Claims in Paymetric Case

When it comes to pleading indirect and willful infringement, complaints short on facts can be short-lived.  In Protegrity Corporation v. Paymetric, Inc., District Judge Vanessa L. Bryant granted Paymetric’s motion to dismiss Protegrity’s claims for contributory infringement, inducement of infringement, and willful infringement.  Paymetric did not challenge the sufficiency of Protegrity’s pleading for direct infringement. … Continue Reading

LevelUp Credited with Non-Infringement

When LevelUp was sued for patent infringement by an individual plaintiff, Jack Barron (“Barron”), it scored an aggressive win in part because of a finding that its mobile app was akin to an electronic credit card.  According to the court’s order, LevelUp is the creator of an app, “that allows users to pay for goods … Continue Reading

Alice Flounders at the Two-Step Waltz

In a much awaited decision, the U.S. Supreme Court, on June 19, unanimously ruled that four financial services patents owned by the Australian company, Alice Corporation, are patent ineligible because they are drawn to the “abstract idea” of intermediated settlement (the use of a third party to mitigate settlement risk in financial transactions).  Because they … Continue Reading

Protegrity’s Protective Patent Push

The Connecticut-based data security company, Protegrity Corporation, continued its aggressive stance regarding its data protection patent portfolio this month. On June 6, Protegrity sued Gazzang, Inc., a competitor data security company based in Austin, Texas, in the Connecticut federal district court. This suit marks the fourteenth patent infringement complaint that Protegrity has brought in Connecticut … Continue Reading
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