Justia Internet Law Opinion Summaries

Wi-LAN’s 802 patent concerns a wireless data communication technique called “MultiCode Direct-Sequence Spread Spectrum” (MC-DSSS). WiLAN asserts that the patented technique is embodied in several modern wireless communications standards. In 2011, Wi-LAN sued Apple and other technology companies for infringing two claims of the 802 patent by manufacturing and selling products complying with various wide-area communication standards. A jury found that Apple did not infringe and that the claims are invalid. The district court denied Wi-LAN’s motion for judgment as a matter of law and for a new trial with respect to infringement, but it granted Wi-LAN’s motion for JMOL of no invalidity. The Federal Circuit affirmed the jury’s verdict of non-infringement as supported by substantial evidence, but reversed the finding of no invalidity. The JMOL determination of no invalidity was based on a post-verdict reconstruction of the claims that went far beyond clarifying a meaning inherent in the construction or making plain what should have been obvious to the jury. The post-verdict reconstruction altered the scope of the original construction and undermined Apple’s invalidity case post-verdict. View "Wi-LAN, Inc. v. Apple Inc." on Justia Law

SightSound’s patents disclose methods for sale and distribution of digital audio and video signals, requiring: connection, by telecommunications lines, between a party’s memory and a second party’s memory; selling digital signals to the second party for a fee through telecommunications lines; transmitting the signal from the first memory to the second memory by telecommunications lines; and storing the signal in the second memory. Apple sought covered business method (CBM) review under the America Invents Act, 125 Stat. 284, arguing that claims were invalid as anticipated under 35 U.S.C. 102. The Patent Board determined that the patents are CBM patents because they recite an activity that is “financial in nature,” and do not include novel, non-obvious technological features, then determined that there was a reasonable likelihood that the claims were anticipated or obvious by disclosures relating to a 1980s CompuSonics computer system. The petitions did not specifically allege obviousness over CompuSonics. The Board granted SightSound additional time and authorized sur-replies and new declaration testimony on the issue of obviousness, then rejected SightSound’s contention that the term “second memory” is limited to non-removable media and held seven claims invalid as obvious. The Federal Circuit found that it lacked jurisdiction to review the decision to consider issues not explicitly raised in the petitions, but affirmed that the patents are CBM patents and the final decision with respect to claim construction and obviousness. View "Sightsound Techs., LLC v. Apple Inc." on Justia Law

The Tariff Act of 1930 gives the International Trade Commission authority to remedy only those unfair acts that involve the importation of “articles” as described in 19 U.S.C. 1337(a). The Commission instituted an investigation based on a complaint filed by Align, concerning violation of 19 U.S.C. 1337 by reason of infringement of various claims of seven different patents concerning orthodontic devices. The accused “articles” were the transmission of the “digital models, digital data and treatment plans, expressed as digital data sets, which are virtual three-dimensional models of the desired positions of the patients’ teeth at various stages of orthodontic treatment” from Pakistan to the United States. The Federal Circuit reversed, holding that the Commission lacked jurisdiction. The Commission’s decision to expand the scope of its jurisdiction to include electronic transmissions of digital data runs counter to the “unambiguously expressed intent of Congress.” View "ClearCorrect Operating, LLC v. Int'l Trade Comm'n" on Justia Law