CLS Bank v Alice Corp

News & Analysis as of

Pre-Claim Construction 101 Motions: Tips For Both Sides

Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int’l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible...more

Federal Circuit Says Content-Filtering Claims are Not Invalid Under Alice, Provides Guidance on Considering Patent Eligibility...

The Federal Circuit Court of Appeals has issued a decision in BASCOM Global Internet Services, Inc., v. AT&T Mobility LLC, No. 2015-1763 (Fed. Cir. June 27, 2016) finding that asserted content-filtering system claims are not...more

Forecast Unfavorable for Inventory Software Patent

Ever since the Supreme Court’s decision in Alice Corp. v. CLS Bank shifted the contours of patent-eligible subject matter, district courts have wielded the two-part test set forth in that decision to dispatch scores of...more

Evolving Patent Eligibility Standard for Computer-Implemented Inventions

Addressing the patent eligibility of computer-implemented inventions, the US Court of Appeals for the Federal Circuit concluded that under step one of the Alice eligibility test, claims directed to improvements in computer...more

Federal Circuit Provides Guidance on Patent Eligibility Determination

Patent litigation was on a significant upwards trend since 2009, reaching a peak of 6114 cases filed in 2013, but since then, there has been a gradual reduction of patent cases filed. This reduction is largely due to a...more

BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC (Fed. Cir. 2016) - Federal Circuit Concurrence -- Decide Patentability...

The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more

Supreme Court Denies Sequenom’s Cert Petition, Leaving the Federal Circuit’s Interpretation of the Mayo/Alice Patent Eligibility...

The Supreme Court today denied Sequenom Inc.’s petition for writ of certiorari, in which Sequenom asked the Court to review a decision of the Federal Circuit invalidating its patent on a breakthrough prenatal diagnostic...more

Supreme Court Declines to Review Sequenom Ruling

The U.S. Supreme Court has denied certiorari in Sequenom, Inc. v. Ariosa Diagnostics, Inc. (No. 15-1182), declining to review the Federal Circuit’s June 12, 2015, decision that certain methods of detecting paternally...more

EA Sports won’t be beaten at its own game – Escaping potential liability through successful § 101 motion to dismiss

It has been a long-standing business practice in the video game industry to update sports video game parameters to reflect real-world developments. Who would want to play NBA Live 95 if it didn’t incorporate Michael Jordan’s...more

Will the Supreme Court Clarify Patent-Eligibility?

The United States Supreme Court is set to render its decision on the grant or denial of Sequenom, Inc.’s (“Sequenom’s”) petition for writ of certiorari that posed the issue: ..Whether a novel method is patent-eligible...more

Federal Circuit Review | June 2016

The PTAB Does Not Have to Consider New Arguments Raised in IPR Reply Briefs - In Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., Appeal No. 2015-1693, the Federal Circuit upheld a PTAB decision finding of...more

Amicus Briefs in Support of Sequenom's Petition for Certiorari: Dr. Chakrabarty, A Scientist's View

In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more

Two Years After Alice: A Survey of the Impact of a "Minor Case" (Part 1)

Two years ago this Sunday, the Supreme Court in Alice Corp. Pty Ltd. v. CLS Bank Int'l addressed a relatively narrow issue: does a claim reciting a generic computer implementation transform an abstract idea into a...more

Intellectual Property Alert: Alice Turns Two

As we approach the two-year anniversary of the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), a survey shows that almost all of the Court of Appeals for the Federal Circuit’s decisions...more

Intellectual Property Alert: All Software Inventions Are Not Necessarily Abstract: Enfish, LLC v. Microsoft Corp.

Not since late 2014 has the Court of Appeals for the Federal Circuit reversed a district court to hold that patent claims are patent eligible under 35 U.S.C. § 101 as not being directed to an abstract idea. On May 12, 2016,...more

Femto-Sec Tech, Inc. v. Lensar, Inc. (C.D. Cal. 2016)

Patent Having Claims That Apply Law of Nature Is Patent-Eligible - On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent...more

District Court Denies Request to Stay Discovery Pending Motion to Dismiss Based on Patent-Ineligible Subject Matter

J. Crew filed a motion to dismiss the plaintiffs' claims for patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the patents-in-suit are drawn to patent-ineligible subject matter and...more

Software Can Make “Non-Abstract” Improvements To Computer Technology

On November 3, 2014, District Judge Pfaelzer entered summary judgment for Microsoft Corp. (“Microsoft”) in the Central District of California, and held that Enfish, LLC’s (“Enfish”) U.S. Patents 6,151,604 (“the ’604 Patent”)...more

Using the Enfish Decision to Your Advantage – Practical Tools for Fighting Alice

On May 12, 2016, the Federal Circuit reversed the District Court and found two software-related patents “directed to an innovative logical model for a computer database” patent eligible under 35 U.S.C. §101 [Enfish, LLC, v....more

The Effect of Alice on Attorneys' Fees Motions

Software patent litigation can often involve non-practicing entities (“NPEs”) and other plaintiffs that some have accused of asserting weak patents to extract royalties. It is no surprise, then, that defendants move for...more

Even After Enfish, Alice Still Casts a Shadow at the PTAB

When it comes to Enfish, the PTAB may have just indicated that it prefers to cut bait. In Informatica Corp. v. Protegrity Corp., CBM2015-0021 (May 31, 2016), the PTAB held that U.S. Patent No 6,321,201 was void under Alice...more

A New Hope for Software Patents?

Software patents have been facing intense scrutiny under 35 U.S.C. § 101 for subject matter eligibility since the U.S. Supreme Court’s Alice v. CLS Bank decision in 2014. In the last two years, the patent ecosystem...more

Two Recent Decisions Put Alice "Step One" on Center Stage at The Federal Circuit

On May 12 and May 17, 2016, the Federal Circuit issued decisions in two § 101 cases, EnFish, LLC v. Microsoft Corp. and In re TLI Communications, LLC. Both authored by Judge Hughes, the decisions illustrate the difficult...more

Federal Circuit Patent Updates - May 2016

Ruckus Wireless, Inc. v. Innovative Wireless Solutions (No. 2015-1425, 1438, 5/31/16) (Prost, Reyna, Stark) - May 31, 2016 3:11 PM - Reyna, J. Affirming summary judgment of non-infringement of patents based on...more

USPTO Issues Memorandum Regarding Enfish and TLI

On the heels of the Federal Circuit handing down two subject matter eligibility decisions regarding software, the U.S. Patent and Trademark Office has published a memo to its examining corps regarding these cases. On May 12,...more

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