Trading Techs. Int’l, Inc. v. eSpeed, Inc.
Trading Techs....(U.S. Fed. Cir., Consumer Products, Cyberspace Law, Intellectual Property, Patent) In plaintiff’s action for patent infringement for patents relating to software for displaying the market for a commodity traded in an electronic exchange, judgment of district court is affirmed where: 1) defendant’s infringed the asserted claims of one patent with one accused service product, but not willfully; 2) the two other accused products did not literally infringe, and as such, plaintiff is precluded from asserting infringement under the doctrine of equivalents; 3) the on-sale bar of 35 U.S.C. section 102(b) does not apply; 4) there are no indefiniteness problems in the asserted claims; and 5) there is no finding of inequitable conduct during the prosecution of the patents-in-suit.
