Patent-Eligible Subject Matter Patents

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 -
News & Analysis as of

Korea Quarterly - September 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Animation Software Patent Survives Alice Scrutiny

The application of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347. (2014) has made it almost impossible to patent software. The United States Patent and Trademark Office is...more

Federal Circuit Rules That Patent For Animating Lip Synchronization Is Not Abstract Idea, Upholds Eligibility Under 35 U.S.C. §...

In a closely-watch case involving the patent-eligibility of a computer-implemented method for automating the process of synchronizing lip movement and facial expressions of a 3-D animated figure to speech, the U.S. Court of...more

In McRO, Federal Circuit Provides Further Guidance on Section 101

Two years after the Central District of California invalidated two 3-D animation patents under Section 101, the Federal Circuit reversed that court’s decision, finding that the lower court oversimplified the claims of a...more

Iron Gate Security, Inc. v. Lowe's Companies, Inc. (S.D.N.Y. 2016)

Iron Gate, holder of U.S. Patent No. 7,203,693, sued Lowe's in the Southern District of New York, alleging infringement. Lowe's moved to dismiss under Rule 12(b)(6), contending that the claims of the patent failed to meet...more

Magistrate Judge Nixes TB Test Kit Claims

In a “Report and Recommendation on Defendants’ Joint Motion To Dismiss,” U.S. Magistrate Judge Cabell of the U.S. District Court for the District of Massachusetts determined that TB test kit claims do not satisfy the patent...more

Litigation Alert: The Federal Circuit Forms a Trio of Patent Eligible Subject Matter for Software Methods, Reversing Finding of...

Last week, the Federal Circuit again addressed when claimed methods involving software are too abstract to be patentable. The Federal Circuit in McRO Inc. v. Bandai Namco Games America held that a combination of steps using...more

Subject Matter Eligibility May Rest on Whether Software is “Technological”

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...more

Four Years of IPRs: Lessons from Proceedings for the Cabilly II Patent

It has been four years since the first inter partes review proceedings were filed in the United States. The first IPR petition, filed on September 16, 2012 (the first day IPRs became available), made it all the way to the...more

Automatic Animation Software Method Found Patentable under 35 U.S.C. § 101

Since the Supreme Court's decision two years ago in Alice v. CLS Bank, courts and the U.S. Patent and Trademark Office have found a large percentage of software and computer-related inventions to claim abstract ideas and not...more

Continuing a Recent Trend, the Federal Circuit Again Confirmed that Properly Drafted Software Claims Can be Patent Eligible Under...

Continuing a recent trend, the Federal Circuit recently reversed a determination that claims of a patent are ineligible under 35 U.S.C. § 101. In McRO v. Bandai Namco Games America, the Federal Circuit again concluded that...more

Bad Science Makes Bad Patent Law—No Science Makes It Worse (Part II)

In Part I, I explained some general criteria for laws of nature, considering the prototypes of Newton's laws and Einstein's E=mc2. Now I'll turn to whether there are laws of nature in biology. Biological generalizations,...more

Zak v. Facebook, Inc. (E.D. Mich. 2016) - Software Patent Found to Be Directed to Abstract Idea, But Survives § 101 Challenge with...

Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court for the Eastern District of Michigan on two of his software patents -- United States Patent Nos. 8,713,134 and 9,141,720. ...more

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more

McRO v. Namco – Fed. Cir. Reverses s. 101 Invalidation of Animation Method Patents

I first posted on this case in September 2014, and urge you to find the post and the district court’s opinion in the Archives. It provides a good – well, adequate– description of the patented technology, which is a method to...more

What the Federal Circuit's Decision in McRO v. Bandai Could Mean for Computer-Based Inventions and Other Innovations

In McRO v. Bandai, the Federal Circuit provides particular guidance and clarity on the issue of preemption, which it describes as “The concern underlying the exceptions to § 101.” In addition to providing another guidepost...more

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

Important Federal Circuit Decision Provides More Clues on Software Eligibility

On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations, finding that McRO’s lip-synchronizing...more

Read Our Lips: Not Everything is Abstract

In MCRO, Inc. v. Bandai Namco Games America, Inc., [2015-1080] (September 13, 2016), the Federal Circuit reversed judgment on the pleadings that U.S. Patent Nos. 6,307,576 and 6,611,278 on the automated synchronization of...more

Federal Circuit Determines Lip-Sync Animation Software is Patent Eligible, and Not An “Abstract Idea”

On September 13, 2016, the Federal Circuit issued a decision in McRO, Inc. v. Bandai Namco Games America, that provides a favorable decision applicants and patentees can cite in seeking to obtain and defend claims directed...more

McRo: Preemption Matters After All

The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

Federal Circuit Emphasizes Preemption and Realization as the Path to Eligibility

On September 13th the Federal Circuit issued a very encouraging decision in the MCRO, Inc. v. Bandai Namco Games America appeal. The panel reversed a judgment on the pleadings entered by a Central District of California...more

McRO, Inc. v. Bandai Namco Games America Inc. (Fed. Cir. 2016)

Patentee McRO sued a number of video game developers and publishers in the Central District of California and the District of Delaware for alleged infringement of U.S. Patent Nos. 6,307,576 and 6,611,278. Several of the...more

Bad Science Makes Bad Patent Law—No Science Makes It Worse (Part I)

I believe that the opinions of the Federal Circuit do not reflect a deep understanding of science and technology. In this blog I'll focus specifically on the issue of laws of nature. It appears that the Federal Circuit...more

Computerized Price Quote Patent Held Invalid Under §101

Alice is clear that inventions drawn to automating well-known concepts are not patent-eligible. However, this area of the law becomes a bit murky when the automated concept is one that involves concrete or physical devices....more

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