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Adequate Method Claiming Requirements: Muniauction, Inc. v. Thomson Corp.

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Federal Circuit clarified its position on method claim infringement to the detriment of the plaintiff in Muniauction, Inc. v. Thomson Corp., vacating an $84.6 million dollar judgment (in a contingency fee case, no less). In a jury trial, Defendants Thomson Corp. and I-Deal LLC were found to infringe U.S. Patent No. 6,161,099, and that the asserted claims (claims 1, 2, 9, 14, 18, 20, 24, 31, 32, 36, 40, 42, 46, and 56) were not invalid. (The District Court reviewed the non-obviousness determination upon Thomson's JMOL motion, filed after the Supreme Court's decision in...

Full post as published by Patent Docs on July 18, 2008 (boomark / email).