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Federal Circuit Finds Lack of Structure in Twin Peaks v. IBM

The Federal Circuit agreed with the district court that there was insufficient structure in the specification to support the means-plus-function claims in the Twin Peaks v. IBM patent litigation. The court found that the specification did not describe the means in sufficient detail. Read the decision here.

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Supreme Court Limits Venue Shopping

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court placed limits on venue shopping in patent litigation, holding that a domestic corporation resides in its State of incorporation. The decision will likely end the extensive use of plaintiff friendly courts like the Eastern District of Texas for patent infringement cases. The rules of the Eastern District assure that defendants will rapidly incur discovery and other costs before any opportunity to mount a defense. As a result, defendants often settle as the most cost effectively solution. There are currently over a thousand cases pending in the Eastern District of Texas. Many could be moved to other venues.

Chinese Anti-Monopoly Guidelines Don't Presume IP is Anti-Competitive

The anti-monopoly guidelines recently published for comment in China by the State Council don't assume that intellectual property is anti-competitive. If the guidelines become law as is likely, a company cannot be presumed to have a dominant market position because of intellectual property rights.

Federal Circuit Invalidates Patents in EasyWeb v. Twitter using Alice

The Federal Circuit invalidated several patents in the EasyWeb v. Twitter patent litigation as directed to abstract ideas. The district court had granted Twitter's motion for summary judgement because in ineligible subject matter. The court found that "Claim 1, unlike the claims found non-abstract in prior cases, uses generic computer technology to perform data collection, analysis, and publication and does not recite an improvement to a particular computer technology." The court also addressed EasyWeb's argument that the order of the steps was inventive, finding that "Claim 1 recites the most basic of steps in data collection, analysis, and publication and they are recited in the ordinary order." The decision follows other recent decisions where claims without technical solutions are invalidated.

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Federal Circuit Affirms Invalidation in Xilinx v. Pabst

The Federal Circuit affirmed a district court invalidation of software patents in Xilinx v. Pabst.

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