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ARTICLE · 02 FEBRUARY 2015

Invalidating A Patent On A Motion To Dismiss Is Proper

McDermott Will & Emery
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Content Extraction and Transmission (CET) owns four related patents directed to optical character recognition of hard copy documents.

United StatesIntellectual Property
Hasan Rashid
Hasan Rashid
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Content Extraction and Transmission LLC v. Wells Fargo Bank

The U.S. Court of Appeals for the Federal Circuit did not find the patentee's infringement suit to be objectively baseless, notwithstanding that the underlying patent was found invalid at the pleadings stage under §101.  Content Extraction and Transmission LLC v. Wells Fargo Bank, Nat'l Assoc. et al., Case Nos. 13-1588, 13-1589, 14-1112, 14-1687 (Fed. Cir., Dec. 23, 2014) (Chen, J.).

Content Extraction and Transmission (CET) owns four related patents directed to optical character recognition of hard copy documents.  CET sued Wells Fargo and PNC Bank for patent infringement, targeting the banks' ATM check deposit software.  In response, the manufacturer of these ATMs, Diebold, filed a declaratory judgment action against CET, asserting non-infringement and invalidity.

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