Bloomberg Law
March 30, 2018, 4:28 PM UTC

HP Patent Ruling Won’t Open Lawsuit “Floodgates,” Berkheimer Says

Peter Leung

Acknowledging that patent eligibility questions can have underlying factual questions won’t allow patent owners to make specious claims in infringement lawsuits, patent owner Steven E. Berkheimer has told a federal appeals court.

Berkheimer argued in a March 29 brief at the U.S. Court of Appeals for the Federal Circuit that there’s no need for the full court to revisit a panel decision in Berkheimer’s patent infringement lawsuit against HP Inc. relating to data archival products.

The trial court on summary judgment ruled several claims in Berkheimer’s patent were invalid because they are directed at an abstract idea without an inventive ...

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