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ARTICLE · 01 MAY 2012

Panel Majority Rejects Consideration Of Patentability Under Section 101 As An Antecedent Question Before Considering Invalidity

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In MySpace, Inc. v. GraphOn Corp., No. 11-1149 (Fed. Cir. Mar. 2, 2012), the Federal Circuit affirmed the district court’s SJ grant of invalidity of the patents-in-suit owned by GraphOn Corp. ("GraphOn").

United StatesIntellectual Property
Mukta Jhalani
Mukta Jhalani
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Last Month at the Federal Circuit - April 2012

Judges: Newman, Mayer (dissenting), Plager (author)
[Appealed from N.D. Cal., Judge LaPorte]

In MySpace, Inc. v. GraphOn Corp., No. 11-1149 (Fed. Cir. Mar. 2, 2012), the Federal Circuit affirmed the district court's SJ grant of invalidity of the patents-in-suit owned by GraphOn Corp. ("GraphOn").

Plaintiffs MySpace, Inc. ("MySpace") and craigslist, Inc. ("craigslist") sought a DJ that four of GraphOn's patents were invalid and not infringed. GraphOn counterclaimed for infringement and asserted third-party claims against Fox Audience Network, Inc. (collectively with MySpace and craigslist referred to as "the MySpace parties"). The district court consolidated the suits.

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