obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

Archive for March, 2012

MySpace, Craigslist and the Mother of all Bulletin Boards Combine to Highlight Key Patent Issues

by Orlando Lopez

In what could have resulted in a “meat and potatoes” CAFC opinion related to claim interpretation (claim construction) and its effect on anticipation and obviousness, Judge Plager took this opportunity to highlight two important issues in patent law, the framework for claim interpretation and what is understood by “abstract ideas” in terms of patentability.  The appeal at issue stems from an infringement suit brought by GraphOn, suing MySpace, Craigslist and Fox Audience Network for infringement of four patents relating to methods for creating and classifying a user’s own database entry over the Internet. MySpace, Craigslist and Fox Audience Network, at the District Court, moved for summary judgment of invalidity based on the earlier work at the University of Colorado on the Mother of all Bulletin Boards (MBB), a method for creating and maintaining online Internet catalogues of user input without the need of other intervention.  The District Court granted the motion for summary judgment and GraphOn appealed based on the claim construction and procedural issues in the analyses of anticipation and obviousness.  The CACF upheld the District Court decision. Read the rest of this entry »