New England IP Blog

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

Category Archives: Anticipation

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Anticipation Bounces Back Electronic Return Receipt Patent as Invalid

Although patentees may delight at the allowance of broad claims in their granted patents, those same claims prove more difficult to defend against invalidity arguments at trial. A recent decision from a Massachusetts court underscores this tightrope walk, and serves as a warning that claims drafted too loosely—while allowed by the USPTO—can leave the patent … 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

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

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

Hurry Up if You Want to Wait

In a recent decision on a motion to stay litigation pending a Covered Business Method review filed by defendant Carecloud Corporation, District Judge Indira Talwani gave defendants good reason not to delay any petitions for patent office review. Established by the America Invents Act, Covered Business Method reviews may be filed by parties who have been … Continue Reading
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