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Irwin IP Case Of The Week

Section 101: You Will Know It When You See It

In this case, the defendants filed a Rule 12(c) motion for judgment on the pleadings aimed at four patents on the ground that all are directed to abstract ideas. As discussed below, the Western District of Washington, (“The Court”) granted the motion as to two of the patents and provided

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Castles Made of Sand

The Court of Appeals for the Federal Circuit (“CAFC”) held a patent directed to delivering targeted advertising via bypassing mobile devices’ security systems was directed to an abstract idea, and thus invalid under 35 U.S.C. §101.  This decision reinforces that neither unclaimed functionalities, nor vague, results-centric descriptions give rise to

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Fair Use Ping-Pong

In the fiercely contested case of Google v. Oracle, theSupreme Court held that Google’s copying of 11,500 lines of code from Sun Microsystems’ Java Application Programming Interface (“API”) to allow software developers to leverage their accrued Java coding skills on Android constituted fair use as a matter of law.  Case

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Camera on a Chip: PTAB Invalidates Imaging Sensor Patent

Invalidating claims of a patent directed to system architecture combining imaging sensors with timing and control circuits, the Patent Trial and Appeal Board (“PTAB”) clarified the landscape of state-of-the-art developments at pixel scale.  In a seventy-seven page final written decision, the PTAB determined five claims of U.S. Patent No. 9,198,565

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PTO Director May Review Final Decisions From IPRs

On appeal from the Patent Trial and Appeal Board (“the PTAB”) and the Federal Circuit (“the CAFC”), the Supreme Court (“the Court”) held that unreviewable Administrative Patent Judge (“APJ”) rulings are inconsistent with the Appointments Clause of the Constitution and, thus, rendered unenforceable any statutory restrictions preventing the Director of

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Cookinpellets.com and Pretzel Crisps Make Bids for Acquired Distinctiveness, Judges Find Facts Undercooked

No luck this week for food-related marks.  The United States District Court for the Western District of North Carolina (“District Court”) and the Trademark Trial and Appeal Board (“TTAB”) each refused registration of marks “COOKINPELLETS.COM” and “PRETZEL CRISPS,” respectively. Each proceeding considered the “primary significance” of the mark to the

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When Neither Case Law Nor Logic Provides A Clear Rule

Before the court, in this case concerning design patent infringement, was a motion in limine to preclude Defendants’ witnesses from testifying about expense deductions from net profits that are not tied specifically to the sales of the products at issue. In its decision, the court denied the motion, stating that

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In Mind or in RAM, a Better Algorithm is an Algorithm

The Court of Appeals for the Federal Circuit (“CAFC”) held unpatentable under 35 U.S.C. § 101 a Stanford University patent application (Application No. 13/445,925) (“the ’925 Application”) covering improvements to a method for analyzing genetic data because its innovation was to a mathematical algorithm rather than of a technological nature. 

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