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IBM IP Ruling Changed Nothing, Priceline Tells Fed. Circ.

Law360 (August 9, 2019, 4:46 PM EDT) -- There’s no point in having the full Federal Circuit reconsider a nonprecedential decision that applied settled patent law to find that Booking Holdings Inc. didn't infringe an IBM digital advertising patent, the company behind Priceline.com, Kayak and OpenTable has told the appeals court.

Booking shot back Thursday at IBM's claim that the Federal Circuit created a way for companies to skirt infringement liability when the infringing steps are done by a third party. A specific test has already been developed for this, IBM had just waived its right to use a prong of it, Booking said.

“There is no need to create a new...

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