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AIPLA Newsstand 2018 as Appearing in Lexology

​HTC Not Liable for Infringement Due to Lack of Standing of Patentee  ​Advanced Video Technologies LLC’s (Advanced Video) suit for patent infringement against HTC was properly dismissed for lack of standing by the district court, the Federal Circuit explained in a 2-1 decision on January 11, 2018. Advanced Video Technologies LLC, v. HTC Corp., Fed. Cir., No. 2016-2309, 1/11/18. The court determined that Advanced Video did not have full ownership of the patent in question because one of the three co-inventors, Ms. Vivian Hsiun, was neither a party to the suit, nor consented to it, and Advanced Video failed to show that Ms. Hsiun’s employment agreement assigned them her ownership rights. In a dissenting opinion, Judge Newman wrote that Ms. Hsiun assigned her ownership rights to her employer by way of a clear contracts provision in her employment agreement.
Federal Circuit Updates Standard for Patent-Eligible Software  ​On January 10, 2018, the Federal Circuit affirmed a district court decision against Blue Coat Systems, Inc. (“Blue Coat”) where a jury found them liable for infringement of a computer security patent owned by Finjan, Inc. (“Finjan”). Finjan, Inc. v. Blue Coat Systems, Inc., Fed. Cir., No. 2016-2520, 1/10/2018. After trial, Blue Coat motioned for judgment as a matter of law, arguing that Finjan’s ‘844 patent, which recites a system and method for providing computer security by attaching a security profile to a downloadable, was patent-ineligible under 35 U.S.C. § 101. The district court disagreed, and the Federal Circuit in its opinion concurred, explaining that the idea is a non-abstract improvement in computer technology.
​Senator Orrin Hatch Won’t Seek Re-Election  ​Senator Orrin G. Hatch of Utah, the longest-serving Senate Republican, announced Tuesday, January 2nd, 2017, that he would retire at the end of the year. During his career, he served as the senior member and former Chairman of the Senate Judiciary Committee, and Chairman of the Senate Republican High-Tech Task Force. AIPLA bestowed the AIPLA Board of Director's Excellence Award, its highest honor, on Senator Orrin Hatch at the AIPLA 2017 Annual Meeting for his leadership on intellectual property issues over the last 40 years.
​Copyright Royalty Board Moves to All Electronic Filing  ​The Copyright Royalty Judges announced the termination of the transition period from paper filing to electronic filing using the eCRB electronic filing and case management system. Effective January 1, 2018, all parties having the requisite technological capability must file documents electronically. The CRB will not accept paper filings except filings (1) from pro se parties technologically incapable of using eCRB and (2) documents not amenable to electronic filing as described in 37 CFR § 350.5(j). Any entity obtaining an eCRB password consents to electronic delivery of all documents subsequent to a Petition to Participate. See 37 CFR § 350.5(g). The Judges refer counsel and pro se parties having an interest in CRB proceedings to 37 CFR § 350.5.