Author name: Gary

Copyright, District Courts

Butzer v. HyperSphere Technologies — Developer-Founder’s Copyright Claims Over Quantum Encryption Software Dismissed for Failure to State a Claim

A Georgia federal court dismissed copyright infringement claims by the inventor of “key shadowing” quantum-resistant encryption technology against HyperSphere Technologies, the company to which he had assigned his patent, ruling he failed to adequately state a claim that his separately registered software code was infringed.

District Courts, Patent Subject Matter Eligibility

B.E. Technology v. Google — Delaware Court Invalidates Last Targeted Advertising Patent Claim Under §101

A Delaware federal judge granted Google summary judgment on the last remaining claim of B.E. Technology’s targeted advertising patent, finding Claim 25 of U.S. Patent No. 8,769,440 directed to the abstract idea of providing real-time targeted advertising and lacking any inventive concept under the Alice/Mayo framework.

Federal Circuit, Utility Patent

VLSI Technology v. Intel — Federal Circuit Revives Multi-Core Patent Infringement Claims, Reverses Summary Judgment on Extraterritoriality and Prosecution Disclaimer

The Federal Circuit reversed summary judgment of noninfringement of a multi-core processor patent, holding that a pretrial stipulation establishing a 70% U.S. nexus applied to infringement — not just damages — and that prosecution history did not clearly disclaim the broader scope of apparatus claims.

Federal Circuit, Utility Patent

Definitive Holdings v. PowerTEQ — Federal Circuit Affirms Engine Tuning Patent Invalidity Under On-Sale Bar

The Federal Circuit affirmed that U.S. Patent No. 8,458,689 — covering methods and apparatus for reprogramming automotive engine controllers — was invalid under the pre-AIA on-sale bar, holding that source code commands are not hearsay and that selling a device embodying a patented method triggers the bar even if the device’s inner workings were not publicly disclosed.

Federal Circuit, IP Law, Trademark, Trademark, Federal

Fuente Marketing v. Vaporous Technologies — Federal Circuit Affirms TTAB Dismissal of X-Mark Trademark Opposition

The Federal Circuit affirmed the TTAB dismissal of cigar maker Fuente Marketing Ltd.s opposition to a vape-pen design mark, holding that despite overlapping goods and channels, the distinct commercial impression of Vaporous Technologies stick-figure design mark defeated likelihood of confusion with Fuentes standard-character X marks.

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