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

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Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013, when Sophos sought a declaratory judgment of non-infringement and invalidity against RPost’s patent, which was directed to a “system and method … Continue Reading

Anticipation Bounces Back Electronic Return Receipt Patent as Invalid

By Kimberly Li on December 28, 2017 Posted in Anticipation, Claims, Construction & Drafting, Declaratory Judgment, Infringement, Internet, Massachusetts, Software, Summary Judgment

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

Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute

By Xin Hu Rasmussen on October 30, 2017 Posted in Defenses, Direct Infringement, Electronics, Inducement, Massachusetts, Motion to Dismiss, Motion to Strike, Willfulness

Although motions to strike are generally difficult to win, when successful they can significantly dim the opposing party’s prospects for victory on particular claims or defenses. In one recent patent infringement action out of Massachusetts, each party moved to strike certain elements of the other side’s pleadings–but the Court quickly snuffed out the dueling motions.… Continue Reading

No Stay Pending IPR in Brewing Patent Dispute

By James Anderson on January 19, 2017 Posted in AIA, Food and Beverage, Inter-Partes Review, Massachusetts, Stays

District 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

Browsewrap Agreement Wraps up Copyright Infringement Case for Defendant

By Micah Miller on April 10, 2015 Posted in Copyright, Internet, Massachusetts, Ownership, Procedure/Jurisdiction, Summary Judgment

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership of the copyrights in a user’s posts to transfer to the website’s operator, despite no evidence that the user actually read and … Continue Reading

Cloud Storage Company Grounded in D. Mass.

By Gourdin Sirles on March 25, 2015 Posted in Internet, Jurisdiction, Massachusetts, Procedure/Jurisdiction

A patent defendant specializing in “virtual” database systems recently learned how real its burden is when seeking to transfer out of the District of Massachusetts. Delphix Corp. (“Delphix”) and Actifio, Inc. (“Actifio”) have been clashing over “virtual” database patents in the Northern District of California since October 2013. In August 2014, however, Actifio filed suit … Continue Reading