Innovation continues to sweep through the online landscape. But as practices have become more standardized, improvements are oftentimes interpreted as non-patentable or infringement. This leads to litigation that could end up being costly for whichever party ends up losing the case.
Lenovo’s patent-related lawsuit fails
Lenovo Holding Company may know this all too well after losing its patent-related case against DoDots Licensing Solutions. At issue were improvements that DoDots had made to graphical user interfaces (GUIs) that allow users to access online content outside of a normal web browser. This allows clients to avoid the need for custom developed applications through what DoDots calls Networked Information Monitors and a Network Information Monitor template.
Lenovo tried to claim that DoDots’ improvements were not patentable since they were based, at least in part, on prior existing art, but a court of appeals recently found in favor of DoDots and their ability to patent their Network information Monitor and corresponding template. In multiple Board decisions, DoDots technology was found to exclude executable applications and compiled code which may have rendered it non-patentable. While DoDots presented expert testimony as to the meaning of this term and how it should apply to the facts at hand, Lenovo didn’t provide any contrary evidence, which could have made all the difference in the case.
What we all can learn from Lenovo’s case
This case shows the importance of not only building a thorough case before moving forward with patent litigation, but also anticipating the other sides’ arguments. If you understand what the other side is going to argue, then you can develop arguments that rebut that position and protect your case at both the trial and appellate levels.
That may seem challenging to do, especially given the complexities involved in some patent cases, but you can find a legal professional who understands the science and innovation involved in your case. One of these attorneys will understand not only how to deal with the legalities involved in your case, but also how the science involved interacts with the law. By speaking with one of these attorneys, you may be able to receive the zealous and well-informed representation that you need to position yourself for success.