Electronic Gaming Patents Found Invalid under § 101 -
In the U.S. District Court for the Southern District of Texas (Houston Division), Plaintiff Epic Tech, LLC (a seller of so-called "sweepstakes games") sued...more
Common Sense Prevails -
B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found certain claims of B/E's aircraft lavatory-related patents obvious.
B/E contended that...more
Claims Directed to Selecting Fishing Hooks for Use Are Not Patentable -
Christopher John Rudy, represented pro se, appealed from a decision of the Patent Trial and Appeal Board ("Board") affirming the rejection of claims...more
2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review -
2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more
Federal Circuit Upholds Invalidity of Video Game Patent Despite Board's Incorrect Claim Construction -
CG Technology Development, LLC (CG Tech) appealed the Patent Trial and Appeal Board's Final Written Decision holding...more
Innovations involving artificial intelligence (AI) and machine-learning (ML) are being developed at an ever-accelerating pace. For example, as illustrated in Figure 1, the number of patent applications published by the United...more
Functional Language in Device Claim Ignored for Patentability Purposes -
The U.S. Patent and Trademark Office Patent Trial and Appeal Board recently issued a decision indicating that certain claims of a patent directed to...more
Land Rover's Patented "Terrain Response Technology" Found Patent Eligible -
In 2016, Bentley Motors Ltd. and Bentley Motors, Inc. launched their first SUV, the Bentayga, which is a direct competitor to Jaguar Land Rover...more
Patent Claims for Digital Camera Are Not Patent Eligible -
In two related actions in the U.S. District Court for the Northern District of California brought by Yanbin Yu and Zhongxuan Zhang (patentee), Apple Inc. and...more
Court Grants Exceptional Case/Attorney Fees When Software Patent Has Invalid Claims under § 101 -
In the U.S. District Court for the District of Delaware, motions for an exceptional case and attorneys' fees were granted on...more
Federal Circuit Reverses Board in Two IPR Decisions -
In International Business Machines Corp. (IBM) v. Iancu, the Federal Circuit found that the Board's interpretation of key claim limitations was incorrect resulting in...more
Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter -
In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more
Web Page Creation Patents Found to Be Directed to Patent Eligible Subject Matter -
Two related patent cases Express Mobile, Inc. v. Code and Theory LLC and Express Mobile, Inc. v. Pantheon Systems Inc. within the U.S....more
The Federal Circuit recently issued a decision further clarifying the Patent Trial and Appeal Board's (PTAB) ability to invalidate claims on reconsideration even when the claims were not addressed in the final written...more
In the U.S. District Court for the District of Delaware, a patent directed to electronic gift card distribution was found to be directed to patent-ineligible subject matter....more
What is a Printed Publication for Prior Art Purposes? -
Patent owner Acceleration Bay, LLC ("Acceleration") appealed the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims of U.S....more
Video Game Patent Found to be Patent Eligible -
In the U.S. District Court for the District of Delaware, Plaintiff (Blackbird) sued Defendant (Niantic) alleging infringement of U.S. Patent No. 9,802,127. Niantic filed the...more
Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based...more
Zheng Cai DBA Tai Chi Green Tea Inc. appealed an opinion of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) cancelling registration of his mark "WU DANG TAI CHI GREEN TEA" due to a likelihood of...more
Luminara Worldwide, LLC appealed from three inter partes review (IPR) decisions, in which the Patent Trial and Appeal Board held unpatentable a total of 31 claims across Luminara's three patents. On appeal, Luminara...more
On August 8, 2018, Director Iancu issued a letter to the Patent Public Advisory Committee notifying of proposed fee increases at the U.S. Patent and Trademark Office, and institution of new annual fee for active patent...more
Catalog Distributed at Conference (Not "Open to the Public") Is Publicly Accessible -
GoPro, Inc. appealed from final written decisions of the Patent Trial and Appeal Board in two inter partes review (IPR) proceedings. In...more
Signal Processing Claims Found to be Patent Eligible -
In the U.S. District Court for the Central District of California, Hybrid Audio, LLC sued Visual Land, Inc. for patent infringement with respect to audio signal...more
Shapes and Shading of Graphical User Interface Not Enough to Uphold Validity -
In a nonprecedential decision, the Federal Circuit found all challenged claims directed to a graphical user interface of a U.S. Patent obvious...more
Purely Business Method Patent Found Ineligible under Section 101 -
In an appeal from a rejection in initial examination of appellant Mark Eberra's patent application, the Federal Circuit affirmed the Patent Trial and...more