ART+COM Motion to Bar Google’s Expert Testimony Granted

Jason Bourgeois IP Portfolio Manager Contact: jason@ipval.com On May 20th, the Delaware District Court granted-in-part the plaintiff ART+COM’s motion in limine (cv-1:14-217-) to bar testimony by the defendant Google’s expert. The expert testimony was contradictory to the court’s claim construction order.  The Court concluded that “[i]t is improper for counsel to argue conflicting claim constructions to...

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Improving Computer Interfaces: Core Wireless v. LG is a Win for Software Patents

Jason Bourgeois IP Portfolio Manager Contact: jason@ipval.com On March 20th in the U.S. District Court for the Eastern District of Texas Judge Gilstrap denied LG’s Motion for Summary Judgement of Invalidity in Core Wireless Licensing S.A.R.L v. LG Electronics, Inc.  This represents an important win for patents in the software space, particularly patents that improve...

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Alice Approved Software: Federal Circuit Reverses 101 Invalidity of Databasing Patents

Jason Bourgeois IP Portfolio Manager Contact: jason@ipval.com On May 12th the Federal Circuit in Enfish, LLC v. Microsoft Corprotation (2:12-cv-07360-MRP-MRW) vacated an order from the Central District of California granting summary judgement of invalidity under 35 U.S.C. § 101. The decision is a significant push back against the current, anti-software patent Alice regime in that...

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Tumultuous Alice Landscape Justifies Denying Fees under § 285

Jason Bourgeois IP Portfolio Manager Contact: jason@ipval.com Two District Court Judges in the past 7 days have declined to award attorney fees following successful  § 101 validity challenges. Both Judges cited the “unsettled and rapidly evolving” post-Alice landscape of patent eligibility under  § 101 as reason to deny the  § 285 motion for fees. In...

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