Computer-Related Inventions CLS Bank v Alice Corp

News & Analysis as of

Data Transmission Patent Not Invalid Under Alice

Since the decision of Alice v. CLS Bank, courts have routinely invalidated patents for being directed to nothing more than abstract ideas with no inventive concept. However, there is light at the end of the tunnel for patent...more

The Importance of the Specification in Alice Challenges

It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of...more

Of Technical Tools and Problems: Going Beyond the Two-Prong Alice Test

It is abundantly clear that the Supreme Court's 2014 Alice Corp. v. CLS Bank decision has significantly changed the patent-eligibility landscape for business methods and some types of software inventions. For instance, in...more

August 2016: Life Sciences Litigation Update

Enfishing for Guidance: The Federal Circuit’s Recent Section 101 Jurisprudence. As two recent decisions from the Federal Circuit demonstrate, the law on patent-eligible subject matter, 35 U.S.C. § 101, remains largely...more

E-Message Patents Survive Alice Challenge

Common computer technology has fallen victim to Alice in many recent cases. It is therefore noteworthy that the District of Massachusetts declined to invalidate e-mail management patents under §101 in Sophos v....more

Judge Pauley Holds That Administering a Test Using a Computer Is Not Patent-Eligible Under § 101

On July 29, 2016, S.D.N.Y. District Judge William H. Pauley III granted defendant PlayerLync, LLC’s (“PlayerLync”) motion for judgment on the pleadings and dismissed plaintiffs Multimedia Plus, Inc. and Multimedia...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

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

Not All Software Claims are Abstract Ideas Under Alice

On May 9, Mercury navigated its way between the earth and the sun (a “transit “in astronomical terms), an event that will not occur again until 2019. The Federal Circuit in Enfish, LLC v. Microsoft Corp (2015-1244) provided a...more

How Federal Circuit Provides New Hope for Computer and Software-based Patents in Enfish, LLC v. Microsoft Corporation

In just its second opinion upholding claims under Alice v. CLS Bank, the Federal Circuit has interpreted Alice in a manner that could save a “substantial class” of inventions from the strikingly-high invalidity rate under the...more

Federal Circuit Broadens Eligibility Requirements for Software Inventions

Enfish, LLC v. Microsoft Clarifies Which Patents are Not Direct to "Abstract Ideas" - Last week, in Enfish, LLC v. Microsoft Corp., 2016 WL 2756255 (Fed.Cir. 2016), a panel of the U.S. Court of Appeals of the federal...more

Software Patents Aren’t Inherently Abstract—Patent Appeals Court Clarifies and Enhances Software Patent Eligibility

In Enfish, LLC v. Microsoft Corp., the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without...more

Federal Circuit Finds Software Patent Not Abstract

Reversing a district court holding, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that two patents directed to a method for organizing data in a computer database did not claim an unpatentable...more

USPTO Updates Alice Guidance with Examiner Instructions, More Work Needed

On May 4, the USPTO issued a new memorandum for patent examiners, “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection” (“Examiner...more

Eastern District of Texas Finds Website Labeling Patent Invalid Under §101

Nearly one third of all patent cases filed in the United States are heard by a single judge - J. Rodney Gilstrap of the Eastern District of Texas. Many of these cases involve e-commerce or other internet-based patents such...more

Patent Drafting Post-Alice: Broadly Define the Problem, and Narrowly Claim the Solutions

The notion of strategic claim drafting, which experienced patent practitioners understand, is all about writing specific, narrowly defined claims to cover the strategically important “choke points” in a value chain. The...more

The Mind as Computer Metaphor: Benson and the Mistaken Application of Mental Steps to Software (Part 1)

Of the three recognized judicial exceptions to Section 101—laws of nature, natural phenomena, and abstract ideas—none has proved more resistant to reasoned judicial analysis than the last. From its inception in Gottschalk v....more

Trade Secrets or Patents – Why Software Presents No “One Size Fits All” Solution

There are many ways to obtain intellectual property protection for software creations. Many keep the software code confidential and maintain the software as a trade secret....more

Motion To Dismiss For Failure To Claim Patent-Eligible Subject Matter Is Granted In Part

Andrews, J. Defendants’ motion to dismiss amended complaints for failure to claim patent-eligible subject matter pursuant to § 101 is granted in part. The court heard oral argument and considered plaintiff’s proposed claim...more

Recent Cases Consider Patent Eligibility Under Mayo/Alice “Two-Step” Test: Invoking Routine and Conventional Elements Is Not...

In a series of cases addressing whether inventions are eligible for patent protection under 35 U.S.C. § 101, the U.S. Supreme Court has adopted a two-step analysis. Two recent decisions by the U.S. Court of Appeals for the...more

Hope for Computer-Related Patents

“Let's be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents...more

Back to the ‘Useful Arts’ — Supreme Court Reins in the Expansive Interpretation of Patent Eligibility

Section 8 of the United States Constitution authorizes Congress to “promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings...more

Diehr in the Headlights | Photonics Patents Blog

Since last year’s decision in Alice v.CLS Bank by the Supreme Court, the number of patents for computer-based inventions that have been struck down by challenges of their eligibility for patent protection has skyrocketed. ...more

Drafting Software Patents In A Post-Alice World [Video]

It has been a challenging year for software patent owners following the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Since that ruling was handed down, a large number of software patents have been...more

Patent Eligibility Under Alice: Reliance on Lack of Routine or Conventional Use

Federal courts have continued to wrestle with the standard for patent eligibility under 35 U.S.C. § 101 set by the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). This is...more

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