Colin J. Stalter
Subscribe to Colin J. Stalter's PostsColin J. Stalter focuses his practice on patent litigation, client counseling, and prosecution. He has experience working with large technology companies on complex intellectual property matters including strategic acquisitions, claim chart drafting, portfolio valuation, freedom to operate opinions, and inter partes review. Colin holds a BS in systems engineering and design, and has particular experience in the consumer electronics, telecommunications, and content delivery industries. Read Colin Stalter's full bio.
Notice Under § 287 Means Knowledge of Infringement, Not Knowledge of Patent
By Colin J. Stalter on Sep 16, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that it was aware of the asserted patent, the actual notice requirement of § 287(a) is only satisfied when the recipient is...
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Federal Circuit Finds Interlocutory Appeal Untimely
By Colin J. Stalter on Aug 19, 2021
Posted In Patents
Addressing the time limits for filing an interlocutory appeal in patent cases, the US Court of Appeals for the Federal Circuit dismissed such an appeal as untimely, finding that the appellant did not file within 30 days of all liability issues except for a determination of damages being resolved. Mondis Technology Ltd. v. LG Electronics...
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Blueprint Blooper: Floor Plan Copyright Infringement Requires Virtually Identical Copying
By Colin J. Stalter on May 6, 2021
Posted In Copyrights
Addressing whether a home builder’s floor plans infringed the plaintiff’s architectural copyrights, the US Court of Appeals for the Seventh Circuit affirmed a lower court’s entry of summary judgment against the plaintiff, finding that only a virtually identical design would infringe the plaintiff’s “thin copyright” in its floor plans. Design Basics, LLC v. Signature Construction,...
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Corresponding Structure Necessary to Support ‘Module’ Claim Element
By Colin J. Stalter on Mar 11, 2021
Posted In Patents
In determining whether a claim element invoked 35 USC § 112, ¶ 6, the US Court of Appeals for the Federal Circuit concluded that “module” was a nonce term and required sufficient corresponding structure in the patent specification to avoid indefiniteness under 35 USC § 112, ¶ 2. Rain Computing, Inc. v. Samsung Electronics Co.,...
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Impossible; Cloud Storage Patent Claims Invalid for Indefiniteness or Not Infringed
By Colin J. Stalter on Feb 25, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s determination that three patents directed to data synchronization were indefinite as lacking sufficient disclosed structure to support a means plus function claim element, as impossible in terms of claim scope or not infringed. Synchronoss Technologies, Inc. v. Dropbox. Inc., Case Nos. 19-2196,...
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2020 IP Law Year in Review: Patents
By Amol Parikh, Cecilia Choy, Ph.D., Amy Mahan, PhD, Hala Mourad, Colin J. Stalter and Elizabeth Teter on Jan 28, 2021
Posted In Patents
Executive Summary In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business strategy. This Special Report discusses some of the most important decisions. The Federal Circuit issued several panel...
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New or Not, Object-Oriented Simulation Patent Ineligible Under § 101
By Colin J. Stalter on Jan 14, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio, LLC v. FlexSim Software Prod., Inc., Case No. 20-1171 (Fed. Cir. Dec 29, 2020) (Prost, C.J.). Simio filed suit against FlexSim for...
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Size Matters in Obviousness Analysis
By Colin J. Stalter on Oct 29, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed in part and reversed in part two Patent Trial and Appeal Board (Board) decisions, finding that the Board erred in its construction of certain claim terms relating to an artificial heart valve that does not require removal of the damaged native heart valve. St. Jude...
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Logic to Modify: Even Deceptive Intent Does Not Bar Inventorship Correction
By Colin J. Stalter on Sep 16, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court invalidity determination finding that judicial estoppel prevented a patent owner from relisting an inventor previously removed for strategic litigation purposes. Egenera, Inc. v. Cisco Sys., Inc., Case Nos. 19-2015, -2387 (Fed. Cir. Aug. 28, 2020) (Prost, C.J.). Egenera sued Cisco for infringement...
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Bugs in Space? Star Trek Plotline Does Not Infringe Tardigrade Video Game
By Colin J. Stalter on Aug 27, 2020
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court’s pleadings-stage determination that certain Star Trek: Discovery characters and plotlines did not infringe copyrighted elements of a video game because there was not substantial similarity between protectible elements of the video game and the Discovery episodes. Abdin v. CBS Broad. Inc., Case...
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