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We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly. ....
Before Judges Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of California Summary: Patent claims were directed to an abstract idea where the claims failed to recite any structure or concrete actions for achieving the claimed advance and the claimed advance did not the improve the operability of computing devices. Free Stream Media Corp. sued Alphonso Inc. for patent infringement. Alphonso filed a motion to dismiss, arguing that certain asserted claims are patent ineligible under § 101 because they are directed to the abstract idea of tailored advertising. Free Stream disagreed, characterizing the claims as directed to a specific improvement, namely delivering relevant content (e.g., targeted advertising) from one device to a second device through a “security sandbox,” a security mechanism constraining the actions that applications on a device may take. The district court rejected Alphonso’s argument and denied its mot ....
Panel: Judges Dyk, Bryson, and Hughes, with Judge Dyk writing the opinion You should read this case if: you have a motion to reopen a judgment under Rule 60(b)(3) This week we take a look at a rare feat: a successful motion to set aside a judgment (and injunction) under Rule 60(b)(3) of the Federal Rules of Civil Procedure. Rule 60(b)(3) provides for relief from a judgment for reason of “fraud … , misrepresentation, or misconduct by an opposing party.” So how did the motion here clear Rule 60(b)(3)’s high bar? Basically, it took the patent owner’s president (who was also serving as an expert) denying knowledge of prior art in a deposition, and then admitting after judgment that his deposition statements were “literally incorrect” when it was revealed that he had knowledge of undisclosed prior art “functionally identical in design to the claims” of the patent. And the district court found the president’s explanations for his false deposition te ....
Panel: Judges Dyk, Taranto, and Stoll, with Judge Dyk writing the opinion. You should read this case if: you have a case involving authentication of source code produced by a third party. The Federal Circuit issued a precedential opinion last week that shows some of the limitations of trying to authenticate source code produced by third parties via a custodial declaration. Wi-LAN asserted a patent for displaying interlaced video on a non-interlaced monitor against its competitors. But the competitors did not possess the source code for de-interlacing images in the accused products. That source code was in the hands of a third party, so Wi-LAN needed to find a way to get it to prove its infringement case. ....
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