Trading Techs. Int'l v. Open E Cry, LLC, No. 12-1583 (Fed. Cir. 2013)Annotate this Case
TT’s 411, 768, 374, and 055 parents relate to software used for electronic trading on a commodities exchange, were issued in 2010-2011, and claim priority to applications filed in 2000. In consolidated infringement proceedings, the district court found the patents invalid for failure to comply with the written description requirement of 35 U.S.C. 112 and that prosecution history estoppel barred TT from asserting the 055 patent against software products that include certain display functions. The holdings were premised on a 2010 Federal Circuit decision involving two related patents from TT’s portfolio. The Federal Circuit reversed, holding that the earlier decision does not control the issues presented in this litigation.