CLS Bank v Alice Corp

News & Analysis as of

The PTAB Giveth, and the PTAB Taketh Away

The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting...more

Still Alice: Not all software patents are being invalidated under Alice Corp. v. CLS Bank Int’l

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice). In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk in...more

IP Newsflash - February 2016 #2

SUPREME COURT CASES - Post-Complaint Events or Transactions Cannot Cure Prudential Standing Defects - The U.S. Supreme Court denied Alps South’s writ to review the Federal Circuit’s decision that the company lacked...more

Patent Trolls – What’s the Verdict? A Look at the Impact of the Apple Case

In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more

No Second Life for Fetal Test - Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc., et al.

By a poll of active justices, the U.S. Court of Appeals for the Federal Circuit denied a petition for an en banc rehearing of Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc. et al. and issued two concurrences and one...more

Motivation Innovations, LLC v. Petsmart, Inc. (D. Del. 2016)

Coupon Patent Easily Found Invalid under § 101 - On January 12, 2016, the District Court for the District of Delaware issued an opinion in a case captioned Motivation Innovations, LLC v. Petsmart, Inc. Plaintiff,...more

So you want to protect your software: Tactics, options, and considerations post-Alice

Since its first development, intellectual property law has struggled with how to best protect software. Initially, developers could only choose between copyright or trade secret protection to protect their innovative...more

Advanced Marketing Systems, LLC v. CVS Pharmacy (E.D. Tex. 2016)

In February 2015, Advanced Marketing Systems (AMS) sued a number of defendants, alleging infringement of various claims of U.S. Patent Nos. 8,219,445, 8,370,199, and 8,538,805. The defendants filed a motion for judgment on...more

IP Newsflash - February 2016

FEDERAL CIRCUIT CASES - Federal Circuit Strikes Down Award of Attorneys’ Fees - In a decision that rejects a recent trend of district courts’ willingness to award attorneys’ fees since the Supreme Court’s 2014...more

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

Westlake Services v. Credit Acceptance: PTAB’s Precedential Decision to Apply Estoppel on a Claim-by-Claim Basis

The Patent Trial and Appeal Board recently designated as precedential its decision in Westlake Services, LLC v. Credit Acceptance Corp., CBM2014-00176, Paper 28 (PTAB May 14, 2015) addressing the scope of estoppel under 35...more

Voxaton LLC v. Alpine Electronics of America, Inc. (E.D. Tex. 2016)

Voxathon sued Alpine, and a number of defendants that manufacture automobiles, for infringement of U.S. Patent No. 6,442,261.  According to the Court, the patent "relates to computer-implemented systems and methods for...more

Mortgage Grader, Inc. v. First Choice Loan Services Inc. (Fed. Cir. 2016)

Financial Services Patent Claims Invalid - On January 20, 2016, the Federal Circuit issued an opinion in the case captioned Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc. This case involves patent...more

Q&A from Webinar on Top Patent Law Stories of 2015

Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

Patent Is Invalid Under Alice

The patent-in-suit is directed to redeeming discount offers by associating a machine-readable code with identifying items to be offered at a discount. Defendant asserts that the technology is patent ineligible under Alice....more

Bids To Dismiss Under Alice And To Transfer Fail

Plaintiff is a Delaware corporation that sells its products in various states but it is not its “home turf.” There is litigation between the parties ongoing in Utah. Since defendant sold accused products in Delaware, it may...more

Motio, Inc. v. BSP Software LLC (E.D. Tex. 2016)

The fallout from the Supreme Court's Alice Corp. v. CLS Bank Int'l case continues to reshape the landscape of patent-eligibility. Despite guidance from the USPTO, patentees still struggle with what exactly is patent-eligible...more

Top Five Stories of 2015

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Judge Gilstrap awards Section 285 fees where Plaintiff’s Section 101 positions cross the “threshold of exceptionality.”

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more

eDekka LLC v. 3balls.com, Inc. (E.D. Tex. 2015)

As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been...more

eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC ("eDekka") sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 ("the '674 Patent") titled "Random Access Information Retrieval Utilizing User...more

Legal Issues Raised by the Driverless Vehicle Revolution: Part 1

Fueled by the high-profile efforts of technology giants like Google, major manufacturers like General Motors and Tesla, and new auto industry entrants like Uber and Apple, the driverless car revolution is here. Tomorrow’s...more

Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA, LLC (Fed. Cir. 2015)

Patent Claims (and Specification) Lacking in Detail Fail under 35 U.S.C. § 101 - The Federal Circuit issued an opinion on December 28, 2015 in the case captioned Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA,...more

Method to Screen Equipment Operator for Impairment Not Patent Eligible

In Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA, LLC, [2015-1411] (December 28, 2015), the Federal Circuit affirmed that claims 8, 9, and 11–18 of U.S. Patent No. 7,394,392 were invalid as drawn to...more

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