Practice Area

Patent Litigation

NY Patent Decisions Blog

http://nypatentdecisionsblog.com/

NY Patent Decisions Blog is a source for the latest patent decisions from the U.S. District Courts for the Southern and Eastern Districts of New York.

Recent Blog Posts

  • Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its patent infringement actions against Comcast in the Eastern District of Texas (“EDTX”) and the International Trade Commission (“ITC”). In April 2016, Rovi filed against Comcast two complaints for patent infringement in the EDTX, and one complaint under Section 337 of the Tariff Act in the ITC. In May 2016, Comcast... More
  • No Way Out for Door Patent On September 12, 2016, District Judge John G. Koeltl (S.D.N.Y.) granted the defendants’ motions to dismiss for failure to state claim of patent infringement under Federal Rule of Civil Procedure (“FRCP”) 12(b)(6).  Claims other than patent infringement remain in the case. Plaintiffs Gym Door Repairs Inc. (“GDRI”) and Safepath Systems LLC (“SPS”) are the manufacturers of the “Safe Path System,” a safety device used on electrically operated doors. According to the Plaintiffs’ complaint, this device was sold to more than 4,700... More
  • Judge Abrams Dismisses Case Based on Arguments Made to the PTO During Prosecution On August 9, 2016, District Judge Ronnie Abrams (S.D.N.Y.) granted defendant Richloom Fabrics Group, Inc.’s motion to dismiss plaintiff Anchor Sales & Marketing, Inc.’s allegation of patent infringement based on the doctrine of equivalents. Richloom Fabrics’ motion to dismiss, or alternatively for summary judgment, arose in response to Anchor Sales’ Amended Complaint alleging infringement of U.S. Patent No. 7,213,633 (the “‘633 Patent”), which is directed to “a method of forming scalloped configuration incurtains and draperies used for hanging from windows.”  Anchor... More
  • Judge Forrest Provides Litigants Guidance on Applying Alice On August 3, 2016, S.D.N.Y. District Judge Katherine B. Forrest denied Defendant Lowe’s Companies, Inc. (“Lowe’s”) motion to dismiss Iron Gate Security, Inc.’s (“Iron Gate”) patent infringement claim. Iron Gate alleged that Lowe’s infringed U.S. Patent Nos. 6,288,641 and 7,203,693 (the “‘693 patent”), the latter by Lowe’s “Iris Smart Home Management System.”  The ‘693 patent is directed to “indexing multimedia data based on motion associated with a person or object.”  Lowe’s moved to dismiss the infringement claims as to the ‘693 patent, arguing... More
  • Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”) allegations of (1) attempted monopolization under the Sherman Act; (2) patent misuse; and (3) abuse of process, stemming from the filing of patent infringement lawsuits in Texas. After the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), AlphaCap initiated a patent infringement action in... More
  • Judge Pauley Holds That Administering a Test Using a Computer Is Not Patent-Eligible Under § 101 On July 29, 2016, S.D.N.Y. District Judge William H. Pauley III granted defendant PlayerLync, LLC’s (“PlayerLync”) motion for judgment on the pleadings and dismissed plaintiffs Multimedia Plus, Inc. and Multimedia Technologies, LLC’s (collectively “Multimedia”) patent infringement action. Multimedia alleged that PlayerLync infringed U.S. Patent No. 7,293,025 (the “‘025 Patent”), which claims a “hosted learning management system” for employee training that “maintain[s] large media files locally while transmitting only minimal data to a centralized server for analysis” by an employer. In its motion, PlayerLync... More
  • Judge Hellerstein Denies Summary Judgment of Non-Infringement Based On Arguments that “Appear Not to Be Persuasive” On July 21, 2016, District Judge Alvin K. Hellerstein (S.D.N.Y.) denied  Defendants JP Morgan Chase & Co., JPMorgan Chase Bank, National Association, Chase Bank USA, National Association, Chase PaymenTech Solutions LLC, and PaymenTech LLC’s (“JPMC”) motion for summary judgment of non-infringement. JPMC’s motion arose from a lawsuit brought in June 2013 by Plaintiff Intellectual Ventures II (“IV”), who alleged that JPMC’s use of IBM Crypto Cards (which are processors that assist with and protect the encryption of sensitive information), infringed several... More
  • Judge McMahon Dismisses Case Because Agreement that Inventor “will assign” Doesn’t Mean “did assign” On June 14, 2016, S.D.N.Y. District Judge Colleen McMahon granted defendants HTC Corporation, HTC America, Inc., Blackberry Limited, Blackberry Corporation, and Motorola Mobility LLC’s (collectively “Defendants”) motion to dismiss with prejudice a patent infringement complaint filed by plaintiff Advanced Video Technologies LLC (“AVT”) because AVT didn’t  join all “necessary” parties. AVT alleged that Defendants infringed U.S. Patent No. 5,781,788. One of the patent’s original inventors had signed an employment agreement with AVT’s predecessor that provided she “will assign to the Company... More
  • Judge Woods Holds Multiple Lawsuits on Same Patent Is Not A “Meaningful Connection” to S.D.N.Y. For Venue On June 1, 2016, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant ASUS Computer International’s (“ACI’s”) motion to transfer its patent infringement suit to the Northern District of California, where it is headquartered. ACI filed its motion in response to a complaint filed by Plaintiff Sentegra, LLC (“Sentegra”), a Delaware limited liability company that, according to the Court, “lack[s] any meaningful connection to the Southern District of New York” given that “its principal place of business is in Colorado, no witnesses reside... More
  • Judge Briccetti Stays Patent Case Against a Customer Pending Resolution of Lawsuit Against Supplier On June 3, 2016, District Judge Vincent L. Briccetti (S.D.N.Y.) stayed a patent infringement action brought by plaintiff Marine Travelift (“Marine”) against defendant K. Graefe & Sons Corp. (“Graefe”), pending the resolution of patent litigation between Marine and ASCOM in the United States District Court for the Eastern District of Wisconsin. Marine’s infringement allegations against Graefe were based on Graefe’s purchase of equipment from ASCOM, and both cases involved Marine’s allegations of infringement of its U.S. Patent No. 8,215,441 (“the ’441... More