News & Analysis as of

Motion to Dismiss Software Patents

Holland & Knight LLP

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

Holland & Knight LLP on

Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

McDermott Will & Emery

Specific Functions Improving Computer Technology Are 101-Eligible, Unconventionality Not Required

McDermott Will & Emery on

In two recent decisions, judges of the US Court of Appeals for the Federal Circuit expounded on the standards under which software-related patent claims are subject matter eligible under 35 USC § 101. Ancora Techs. v. HTC...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been...more

Vedder Price

Overcoming Early Alice Rejections in Litigation

Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Bradley Arant Boult Cummings LLP

Federal Circuit Votes No on Patent Owner’s Appeal of Dismissal under § 101

In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more

Jackson Walker

The Facts in the “Abstract”

Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Knobbe Martens

Searching for How: The Federal Circuit’s Continued Quest under Alice

Knobbe Martens on

On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Coffelt v. NVIDIA Corp. (C.D. Cal. 2016) - Mathematical Algorithm Found to be Unpatentable

On June 21, 2016, the U.S. District Court for the Central District of California issued an order granting a motion to dismiss pursuant to Rule 12(b)(6) for lack of patentable subject matter under 35 U.S.C. § 101. Defendants...more

McDonnell Boehnen Hulbert & Berghoff LLP

Avago Technologies General IP (Singapore) Pte Ltd. v. Asustek Computer, Inc. (N.D. Cal. 2016)

"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible - On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying...more

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