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Covered business method review of four of fifteen patents warrants stay
  • Holland & Knight LLP
  • USA
  • May 22 2015

Judge Kendall granted defendants’ motion to stay this patent litigation pending the Patent Office’s (“PTO”) Covered Business Method Review (“CBM”) of


Indirect infringement may be pled without detailed allegations
  • Holland & Knight LLP
  • USA
  • April 6 2015

Judge Coleman denied Wendy’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Marshall Feature Recognition’s (“MFR”) patent complaint accusing QR


Slowing patent trolls: RPX’s open
  • Holland & Knight LLP
  • USA
  • March 27 2015

RPX has begun a new, free program OPEN that seeks to increase transparency in the patent marketplace, while also reducing transaction costs and


Patent application publication does not trigger statute of limitation at pleadings stage
  • Holland & Knight LLP
  • USA
  • March 27 2015

Judge Tharp denied Defendant’s (collectively “Curaline”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Ferris’ Lanham Act and related state law


Patent claims dismissed on rule 12(b)(6) for non-infringement
  • Holland & Knight LLP
  • USA
  • March 25 2015

Judge Darrah granted Defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Nalco’s patent infringement regarding a method for reducing


Estoppel applies to materially similar patent claims
  • Holland & Knight LLP
  • USA
  • March 16 2015

Judge Coleman granted in part declaratory judgment defendant Beacon Point Capital’s (“Beacon”) Fed. R. Civ. P. 12(b)(1) & (6) motion to dismiss


Generic computer system not made patentable by connection to other programs
  • Holland & Knight LLP
  • USA
  • March 9 2015

Judge Hart granted defendants’ Mercedes-Benz USA’s and Daimler’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff Vehicle Intelligence & Safety’s


Failure to make arguments to magistrate requires reversal of recomendation
  • Holland & Knight LLP
  • USA
  • February 18 2015

Judge Darrah held that Judge Mason's discovery report and recommendation was clearly erroneous, and ordered past damages discovery be produced going


Clarified claim construction precludes summary judgment
  • Holland & Knight LLP
  • USA
  • February 16 2015

Judge Coleman denied defendants' (collectively "CQG" motion for summary judgment of noninfringement in this patent case involving futures trading


December 2014 retail patent litigation report
  • Holland & Knight LLP
  • USA
  • February 12 2015

The trolls got more active in December. Repeat filers included ArrivalStar, Eclipse IP, Hawk Technologies, and Landmark Technology. As usual, I