Jessica Delacenserie Jessica Delacenserie

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Jessica (Jessie) Delacenserie focuses her practice on intellectual property litigation matters. Read Jessica Delacenserie's full bio.

Means-Plus-Function Claims: Don’t Forget the “Way”


By on Oct 21, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a lower court’s findings of noninfringement, in part because the plaintiff had failed to prove the “way” element of the function-way-result test for a first means-plus-function claim, and because the specification lacked disclosure of a structure for the “way” to perform a second means-plus-function claim....

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No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”


By on Oct 7, 2021
Posted In Trademarks

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s dismissal of a plaintiff’s state law claims for violation of her right of publicity. Hepp v. Facebook,...

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If Intrinsic Evidence Provides a Clear Meaning, Just Stop


By on Aug 19, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a final written decision of the Patent Trial & Appeal Board (Board) based on its finding that the Board erred in its ultimate claim construction by relying on extrinsic evidence that was inconsistent with the intrinsic evidence. Seabed Geosolutions (US) Inc. v. Magseis FF LLC,...

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Targeted Advertising Still Patent Ineligible Subject Matter


By on May 20, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit found that targeted advertising is still an abstract idea and that a system providing targeted advertising must utilize something more than generic features and routine functions to be eligible for patent protection. Free Stream Media Corp. v. Alphonso Inc., Case No. 19-1506 (Fed. Cir. May 11,...

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If it’s Not Legit, You Can’t Admit


By on Apr 15, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a district court ruling of non-infringement based on the inadmissibility of unauthenticated printouts of source code as evidence. Wi-LAN Inc. v. Sharp Elecs. Corp., Case No. 20-1041 (Fed. Cir. Apr. 6, 2021) (Dyk, J.) In 2015, Wi-LAN brought two separate patent infringement suits against Sharp...

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Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant


By on Mar 4, 2021
Posted In Copyrights

The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of non-infringement and remanding the case for a calculation of damages. Bitmanagement Software GmbH v. U.S., Case No. 20-1139...

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