Category Archives: Lessons In Hindsight

TRADING TECHNOLOGIES INT’L v. IBG LLC, decided April 18, 2019, Statutory Subject Matter

U.S. Patent Nos. 7,533,056, 7,212,999, and 7,904,374 are directed to graphical user interfaces (UI) for electronic trading (pages 3-4). The following generalizes between various of the patents. The patents are not directed to a technological invention, so were properly subjected to covered business method (CBM) review (pages 4-13).  The invention is the display of information […]

E.I. DU PONT DE NEMOURS & CO. v. UNIFRAX I LLC, decided April 17, 2019, Claim Interpretation

U.S. Patent No. 8,607,926 is directed to a composite flame barrier laminate for a blanket (page 2). The claim recites three layers where one layer comprises platelets in an amount of 100% by weight (page 3). The parties dispute whether the “100% by weight” allows for any residual dispersant due to incomplete drying (page 5). […]

OMEGA PATENTS, LLC v. CALAMP CORP., decided April 8, 2019, Infringement

U.S. Patent Nos. 6,346,876; 6,756,885; 7,671,727; and 8,032,278 are directed to remote control or monitoring of vehicle functions of multiple vehicles (page 2).   CalAmp sells the transmitter and receiver in the vehicle but not the transmitter and receiver on a cell tower for system claims, so there is no direct infringement (page 9).  Hindsight: At […]

TEK GLOBAL, S.R.L. v. SEALANT SYSTEMS INTERNATIONAL, decided March 29, 2019, Claim Interpretation

U.S. Patent No. 7,789,110 is directed to an emergency kit for repairing vehicle tires deflated by puncture (pages 2-3).   The claims recite “conduits connecting the container” and “container connecting conduit” where conduit is alleged to be a mean-plus-function limitation (pages 10-11).  The connected elements are definite structure (pages 11-12).  The dependent claims further limit “conduit” […]

ARCTIC CAT INC., v. GEP POWER PRODUCTS, INC., decided March 26, 2019, Preamble Limitation

U.S. Patent Nos. and 7,420,822 are directed to electrical-connection boxes with an array of openings (page 2).  One preamble recites “a power distribution module for a personal recreational vehicle” (pages 4-5 and 6-7).  Since the body of the claims describe structurally complete inventions (power modules), the vehicle recitation of the preamble is only an intended […]

SRI INT’L, INC. v. CISCO SYS., INC., decided March 20, 2019, Statutory Subject Matter

U.S. Patent Nos. 6,484,203 and 6,711,615 are directed to network intrusion detection (pages 2-3).   The claims directed to computer network monitoring are necessarily rooted in computer technology to solve a specific problem in the realm of computer networks (page 8).  The claims recite a plurality of network monitors that monitor for specific types of data […]

NATURAL ALTERNATIVES INTL. v. CREATIVE COMPOUNDS, LLC, decided March 15, 2019, Statutory Subject Matter

U.S. Patent Nos. 5,965,596, 7,825,084, 7,504,376, 8,993,610, 8,470,865, and RE45,947 are directed to dietary supplements containing beta-alanine (pages 2-3).  The claims recite “effective to increase beta-alanylhistidine dipeptide synthesis in the human tissue,” which is interpreted to elevate beta-alanine above natural levels to cause an increase in synthesis in tissue, and “dietary supplement,” which is interpreted […]

FOREST LABORATORIES, LLC v. SIGMAPHARM LABORATORIES, LLC, decided March 14, 2019, Claim Interpretation

U.S. Patent No. 5,763,476 is directed to Saphris, an antipsychotic drug.  The limitation of claim 1 of “the composition is a solid composition and disintegrates within 30 seconds in water at 37 degrees C” was limited by the district court to sublingual or buccal formulations, which is a limitation of dependent claim 4 (pages 4-5).  […]

PERSONAL WEB TECHNOLOGIES, LLC v. APPLE, INC., decided March 8, 2019, Obviousness

U.S. Patent No. 7,802,310 is directed to licensing using unique identifiers for computer files based on content of the files (pages 2-4).  Prior art Woodhill stores three levels of information including a highest level of a file name and location and a lowest level storing a binary object hash including a binary object identifier based […]

UNIVERSITY OF FL RESEARCH FOUNDATION v. GENERAL ELECTRIC CO., decided Feb. 26, 2019, Statutory Subject Matter

U.S. Patent No. 7,062,251 is directed to integrating physiologic data from a bedside machine (pages 5-6).  Claim 1 recites receiving data from machines, converting the data from the machine format to into a machine independent format at a remote location, processing, and presenting results on a bedside graphical user interface (page 6).  The specification characterizes […]