Volume V

Issue : 3: February 8, 2007

• Israeli Court Rules Operation of Foreign Gambling Website a Criminal Offence Under Israeli Law
• Patents for Dynamic Web Pages Undergo Re examination
• Federal Court Awards Maximum Statutory Damages for Copyright Infringements
• Political Attack TV Ads Potentially Breach Copyright Act
• New Jersey Appeals Court Strengthens Privacy Rights of Internet Users
• U.S. First Sale Doctrine Applies to Audiobooks
• eBay Bans Auctions of Virtual Goods
• U.S. Courts Frequently Cite Wikipedia
• Italian Court Decriminalizes Not for Profit Downloading
• WTO Finds U.S. Non-Compliant with its Internet Gambling Decision
• Canadian Tax Authorities to Use Software to Catch Online Tax Evaders
• U.S. Court of Appeals Rejects Bid to Overturn Copyright Extensions for "Orphaned" Works

Home > Volume V > Issue 3: February 8, 2007 > Patents for Dynamic Web Pages Undergo Re examination

Patents for Dynamic Web Pages Undergo Re examination

Two controversial patents held by Texas-based EpicRealm Licensing LLC are undergoing re-examination in the U.S. Patent and Trademark Office (USPTO) following requests by the Public Patent Foundation. The patents relate to methods and systems for managing requests to dynamically generate Web pages, for example, to provide a customized page that is responsive to user input.

EpicRealm Licensing sought licenses from numerous entities and filed suit against many in the patent holder-friendly Eastern District of Texas. The patents are also subject to an invalidity attack in a separate declaratory action by Oracle Corporation. Oracle brought the independent suit in Delaware in response to the Texas suit against Oracle’s customer Safelite.

It is still early days for the re-examination proceeding with no finding by the USPTO and numerous opportunities for EpicRealm to respond to USPTO rejections. The suits and re-examination proceeding highlight the need to examine US patent infringement liability issues in supply and service contracts and the strategies available to hit back against patent trolls and others seeking to extract licenses.

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