Patented Tech
Patented Tech, a Foley & Lardner-run blog, is a reliable resource for anyone interested in software and hardware technology developments. Authored and edited by Jonathan Spivey and Jason Keener, the blog reviews court opinions and pertinent legislation that directly involves computer software or hardware. Focusing on decisions that come from top patent litigation jurisdications, the Federal Circuit, and the Supreme Court, the blog provides commentary on issues like patent infringement, standing, patent invalidity, and discovery.
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Featured Articles
Are Private Networks Accessible via the Internet, Part of the Public Internet?
Automated Transactions LLC v. IYG Holding Co., et. al. (pdf), 1:06cv-043-SLR, 2011 WL 810237 (D. Del. March 9, 2011) (Robinson, S.) It’s no secret, the scope of the Internet is continuously expanding. More and more systems are being connected to the Internet, either for the public...
Recent Articles
Is There A Temporal Difference Between A Static Database and An Active Database?
Clear With Computers, LLC v. Hyundai Motor America, Inc., (pdf), No. 6:09-cv-479, 2011 WL 43454 (E.D. Tex., January 5, 2011) (Davis, L.) A jury’s finding of noninfringement for a product does not give a company free reign for future modifications of the same product. After obtaining...
Are Private Networks Accessible via the Internet, Part of the Public Internet?
Automated Transactions LLC v. IYG Holding Co., et. al. (pdf), 1:06cv-043-SLR, 2011 WL 810237 (D. Del. March 9, 2011) (Robinson, S.) It’s no secret, the scope of the Internet is continuously expanding. More and more systems are being connected to the Internet, either for the public...
Do Infringement Contentions Really Promote the Crystallization of Infringement Theories?
Shared Memory Graphics, LLC, v. Apple, Inc., et al., (pdf), No. 3:2010-cv-02475, 2010 WL 5477477 (N.D. Cal. December 30, 2010) Jurisdictions incorporating Patent Local Rules require parties alleging patent infringement to serve infringement contentions that give reasonable notice of why...
Do Conflicts Arise for Plaintiff's Counsel when Defendants Assert Prior Art Owned by Other Clients of Plaintiff's Counsel?
JuxtaComm-Texas Software, LLC v. Axway, Inc., et al. (pdf), No. 6:10-cv-11, 2010 WL 4920909 (E.D. Tex. Nov. 29, 2010) (Davis, L.) Ethical conflicts can arise in a number of unusual situations. In JuxtaComm-Texas Software, the Court was confronted with two such unusual situations. ...
Should Plaintiffs Be Required To Pinpoint The Infringing Routine or Algorithm After Production of the Source Code?
Big Baboon Corporation, v. Dell, Inc., et al., (pdf), No. 2:09-cv-01198, 723 F. Supp. 2d 1224 (C.D. Cal. July 2, 2010) (Segal, S.) The early production of source code included within a plaintiff’s allegation of infringement may provide an early opportunity for a defendant to compel...
Do Claims of Joint Infringement Face New Requirements?
Akamai Technologies, Inc. v. Limelight Networks, Inc. (pdf), Nos. 2009-1372, 2009-1380, 2009-1416, 2009-1417, 2010 WL 5151337 (Fed. Cir. Dec. 20, 2010) (LINN, Rader, Prost) In Akami Techs., Inc. v. Limelight Networks, Inc., ___ F.3d ___ (Fed. Cir. 2010), the Federal Circuit provided the...
Who has Standing, a Subsidiary or a Parent with Significant Control Over the Wholly Owned Subsidiary?
In re Google Litigation (pdf), No. 08-cv-03172 RMW, 2010 WL 5211545 (N.D. Cal. Dec. 16, 2010) (Whyte, R.) Determining who has standing to sue for infringement can be a difficult task in the face of a number of agreements purporting to transfer various rights to the patents between...
Is Particularized Testimony And Linking Argument Required For Infringement?
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., (pdf), No. 3:08-cv-00986-SI, 2010 WL 5059518 (N.D. Cal. Dec. 6, 2010) (Illston, S.) An expert’s failure to provide particularized testimony and linking argument can undermine a party’s doctrine of...
Is the Re-Filing of a Complaint that was Dismissed for Lack of Subject Matter Jurisdiction a Basis for the Awarding of Attorneys' Fees?
Microsoft Corp. v. WebXchange, Inc. (pdf), No. 1:09-cv-00484-JJF, 715 F. Supp. 2d 598 (D. Del. May 1, 2010) (Farnan, J.) The award of attorney fees based on conduct by the opposing party is within the discretion of the Court and depends on the specific facts of the case. In Microsoft Corp....
