Anthony J. Fuga is a Partner in Holland &
Knight's
Chicago office.
The Federal Circuit – in a split decision – remanded a recent
N.D. California decision and held that the district court should
have construed a disputed claim term before ruling on patent
eligibility.
MyMail asserted patents that are directed to the method of
modifying without user interaction computer toolbars, which are
displayed on internet-connected devices. The defendants moved for
judgment on the pleadings and argued that the patents are directed
to patent-ineligible subject matter under Section 101. MyMail
opposed the motions, in part, by arguing that the patents were
patent eligible as evidenced by the E.D. Texas's construction
of the term "toolbar" in an earlier proceeding. The
defendants opposed the adoption of MyMail's proposed claim
construction.
