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Alice Corporation Abstract Ideas

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

Holland & Knight LLP

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

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The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Holland & Knight LLP

Patent Directed to Method of Payment Processing in Sales Transactions Found Abstract

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AuthWallet asserted a patent directed to methods and systems for processing financial transaction data against Block. Specifically, the claims outline a method for processing financial transaction data using authorization...more

Holland & Knight LLP

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

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Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

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Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

WilmerHale

USPTO Issues Revised Patent Subject Matter Eligibility Guidance and Guidance for Examining Computer-Implemented Functional Claims...

WilmerHale on

The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more

McDermott Will & Emery

No Ticket to Ride for Transit-Limited Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court ruling that claims directed to the specific field of mass transit were directed to patent-ineligible subject matter under 35 USC § 101 because they...more

Knobbe Martens

Graphical User Interface Patent Claims Found Eligible

Knobbe Martens on

The Federal Circuit recently found claims to a specialized graphical user interface (GUI) for trading financial securities eligible in Trading Technologies Int’l v. CQG, No. 2016-2016 (Fed. Cir. Jan. 18, 2017). The Federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Mobile Telecommunications Technologies, LLC v. United Parcel Service, Inc. (N.D. Ga. 2016)

Message Exchange Patent Held Invalid under Section 101 - Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Recent Software Case Gives Important Lessons for Biotech

On September 13, the Federal Circuit held that a series of ordered combination of steps related to lip-synch software did not constitute an abstract idea, and was subsequently patent eligible under §101 (McRO, Inc. v. Bandai...more

McDermott Will & Emery

Incomplete Preemption Does Not Result in Patent-Eligible Subject Matter

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In a final written decision of a covered business method (CBM) patent review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged claims unpatentable on multiple grounds and clarified that, for the purpose...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2016) - Just When You Thought the Federal Circuit Was Softening...

Intellectual Ventures I LLC ("IV") sued Symantec Corp. and Trend Micro (defendants) for infringement of various claims of three U.S. Patents (Nos. 6,460,050; 6,073,142; and 5,987,610). The District Court held the asserted...more

Fenwick & West LLP

AliceStorm in the Dog Days of Summer

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Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. In particular, the Federal Circuit has been quite active, issuing nine decisions since late...more

McDermott Will & Emery

In First Set of Post-Grant Review Decisions, PTAB Strikes Down Patents Based on Alice

Addressing for the first time the issue of patent validity in the context of an America Invents Act post-grant review, the Patent Trial and Appeal Board (PTAB or Board) invalidated two livestock patents as unpatentable under...more

McDermott Will & Emery

The Whole Claim Is More Inventive Than the Sum of Its Generic Parts

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Addressing the issue of subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s finding that the limitations of the challenged claims, when considered as an ordered...more

Fenwick & West LLP

The One Year Anniversary: The Aftermath of #AliceStorm

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It's been one year since the Supreme Court's decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to "tread carefully" before invalidating patents, and emphasizing that...more

Fenwick & West LLP

Twenty-Two Ways Congress Can Save Section 101

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In the seven months since Alice Corp. Pty. v. CLS Bank Int’l was decided, over one hundred patents have been invalidated for claiming ineligible subject matter, more than the total number of patents invalidated under Section...more

Neal, Gerber & Eisenberg LLP

The Supreme Court Declines to Categorically Deny Patent Protection for Software

In a highly-anticipated case that had the potential to drastically change the patent landscape surrounding computer-implemented inventions, in Alice Corp. v. CLS Bank Int’l the Supreme Court took a measured approach to the...more

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