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Patent-Eligible Subject Matter › Motion to Dismiss

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Knobbe Martens

Federal Circuit Review | August 2024

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Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

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In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

Knobbe Martens

Specify the Steps of Information Manipulation or Lose under § 101

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Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite result-orientated, functional language without specifying the...more

Knobbe Martens

Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet

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Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more

Rothwell, Figg, Ernst & Manbeck, P.C.

“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

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Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more

McDermott Will & Emery

Struggling to Master the Alice Two-Step: Search Result Display Ineligible for Patent Protection

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The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed...more

Akin Gump Strauss Hauer & Feld LLP

District Court Decision Provides Guidance on Patent Eligibility of Claims Directed to Using and Training Machine Learning Models

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Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training...more

McDermott Will & Emery

Should This Be an Alice Two-Step or a Section 112 Enablement Waltz?

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The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent...more

McDermott Will & Emery

Invoking Generic Need for Claim Construction Won’t Avoid § 101 Dismissal

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The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2023 #3

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SNIPR Technologies Limited v. Rockefeller University, Appeal No. 2022-1260 (Fed. Cir. July 14, 2023) Our case of the week addresses a wrinkle in the law concerning disputes between parties that filed patent applications...more

BakerHostetler

The Judicial Response to Eligibility Post-Hantz

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On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101...more

McDermott Will & Emery

The Alice Eligibility Two-Step Dance Continues

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The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a Fed. R. Civ. P. 12(b)(6) motion, holding that patent claims directed to abstract ideas and lacking inventive steps that transform...more

Patterson Belknap Webb & Tyler LLP

Picking an Outfit Is Not Patentable: Judge Aaron Recommends Invention Ineligible Under Section 101

Patterson Belknap Webb & Tyler LLP on

On February 21, 2023, United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recommended that Defendant FindMine, Inc.’s (“FindMine”) motion to dismiss the complaint of Plaintiff Stylitics, Inc. (“Stylitics”) be granted...more

Seyfarth Shaw LLP

Is the Pendulum Swinging? Two Patentable Subject Matter Dismissals at the Motion to Dismiss Stage

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The seminal Alice v. CLS Bank lawsuit provided an arsenal of invalidation weapons for patent defendants across the country. Alice was particularly relevant to software patents because it held a large swath of software patents...more

Knobbe Martens

Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims

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WEISNER v. GOOGLE LLC - Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary: The specific implementation of an abstract idea, such as improving...more

McDermott Will & Emery

Standard Computer Equipment Can Support Inventive Concept under Alice Step 2

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The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed...more

Knobbe Martens

Plausible Factual Allegations Concerning Inventive Concepts Preclude Motion to Dismiss

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COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC. - Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California. - Summary: Plausible allegations...more

Morrison & Foerster LLP

Northern District of California Continues its Saga with § 101 Challenges

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In a dispute related to technologies covering instant messaging systems, Ginegar LLC (“Ginegar”) sued Slack Technologies, Inc. (“Slack”) for infringing two of its patents. Slack moved to dismiss under Rule 12(b)(6), arguing...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

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Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Invalidation of Digital Camera Patent as Ineligible Under § 101

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On June 11, in Yanbin Yu, Zhongxuan Zhang. v. Apple Inc., the Federal Circuit issued a decision finding that a claim directed to an improved digital camera was patent-ineligible under 35 U.S.C. § 101. This decision follows...more

Akin Gump Strauss Hauer & Feld LLP

The Eastern District of Texas Granted a Rule 12(b)(6) Dismissal Because the Asserted Patent Was Directed to the Patent-Ineligible...

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A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more

Knobbe Martens

Free Stream Gets Caught in the Section 101 Sandbox

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FREE STREAM MEDIA CORP. v. ALPHONSO INC. Before Judges Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Patent claims were directed to an abstract...more

McDonnell Boehnen Hulbert & Berghoff LLP

Personalized Media Communications, LLC v. Apple, Inc. (E.D. Tex. 2021)

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Signal Processing Claims for Decrypting Encrypted Information Found Patent Ineligible - Last week, the U.S. District Court for the Eastern District of Texas, Marshall Division ruled that Defendant Apple, Inc. (hereinafter...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

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The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

Holland & Knight LLP

Remote Appliance Control Patent Compared to Pony Express, Invalid Under Section 101

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Karamelion has asserted its two patents more than 40 times since the summer of 2018, typically settling the cases prior to a responsive pleading. This activity will have to go on hold, at least for the time being, as the U.S....more

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