You thought shopping on the day after Thanksgiving was bad? Try forum shopping your way to the Northern District of California from the Eastern District of Texas. Good luck. This round of Federal Circuit orders shows three lawsuit transfer attempts with mixed results. Two companies tried to move their cases from the Eastern District of […]
Category: Matt’s Posts
Federal Circuit Spotlight: Rise (or Fall?) of the Machines
Last week brought a major development in the world of software patents. Don’t get too excited (or nervous if that’s your perspective), but it looks like it just got harder to patent software. Let’s talk about the rise (or should it be the fall?) of the machines! CyberSource Corp. v. Retail Decisions, Inc., No. 2009-1358 […]
The Supreme Court Speaks: What Say You, Solicitor General?
Evidently the Virginia State Bar is taking the position that lawyers’ blogs are de facto attorney advertising, and requires a disclaimer on each post that discusses a case an attorney has been involved with, regardless of the content of that post. So in an attempt to satisfy the Bar, we are adding this disclaimer at […]
The e-Commerce King Has Left the Building… (Actually, He Never Showed Up)
Eon-Net LP v. Flagstar Bancorp, No. 2009-1308 (Fed. Cir. July 29, 2011) (Judges Lourie, Mayer, and O’Malley) You may not have heard of Mitchell Medina, one of the inventors of the patents at issue (and one of the principals of Eon-Net), but maybe you should have. It seems, according to him and his attorneys, that […]
Special Edition – Patenting DNA
Association for Molecular Pathology v. PTO, No. 2010-1406 (Fed. Cir. July 29, 2011) (Judges Lourie, Moore, and Bryson) Hard Questions This case is a biggie, because the issue is whether DNA sequences isolated from the human body can be patented. (The PTO is in the caption because it intervened. Myriad Genetics, Inc., is the original […]
Fed Circuit Gets By, but Without a Little Help from Its Lower Court Friends
In re Chicco USA, Inc., No. 2011-m977 (Fed. Cir. July 12, 2011) (Chief Judge Rader, Judges Lourie and O’Malley) (nonprecedential order) Chicco petitioned for a writ of mandamus, and asked the Federal Circuit to instruct the lower court to vacate its order staying the lawsuit while the PTO was reexamining the patent. Before claim construction, […]