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Patents Patent-Eligible Subject Matter

AIPLA Proposes New 101 to Save the Patent System

The AIPLA has proposed a new Section 101: 35 U.S.C. § 101—Inventions Patentable - (a) Eligible Subject Matter.— Whoever invents or discovers any useful process, machine, manufacture, composition of matter, or any...more

Federal Circuit Finds Claims Directed to Encoding and Decoding Image Data Patent-Ineligible

The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This ruling further...more

Judge Robinson Denies Defendant’s Motion To Dismiss Asserting Patents Claim Ineligible Subject Matter

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Sue L. Robinson in Paltalk Holdings, Inc. v. Riot Games, Inc., Civil Action No. 16-1240-SLR (D.Del. May 15, 2017), the Court denied Defendant’s Motion to Dismiss which asserted...more

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates...more

Some Cardiac Monitoring Patents Beat Alice Challenge, While Others Fail to Survive

In the time since Alice changed the landscape of patent eligibility for certain types of inventions, the Federal Circuit has begun pumping out opinions interpreting this landmark Supreme Court case. The expanding body of law...more

EasyWeb Innovations, LLC v. Twitter, Inc. (Fed. Cir. 2017)

Message Publishing Patents Found Invalid under 35 U.S.C. § 101 - In a recent decision by the U.S. Court of Appeals for the Federal Circuit, the Court held all asserted claims of five U.S. patents to be invalid under 35...more

Surviving Alice in the e-Commerce Arts

by Fenwick & West LLP on

As has been well documented, the Supreme Court’s decision in Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of computer implemented inventions. This second article in our series explores the dynamics...more

The (Nuts and Bolts) of Application Formalities in China

China is in the midst of a tremendous patent boom. Worldwide, total patent application filings were up 7.8% in 2015, with China accounting for 84% of the total growth[1]. In 2015, the State Intellectual Property Office of the...more

AIPLA Proposes Legislative Changes to 35 U.S.C. § 101

Like the Intellectual Property Owners (see "What to Do about Section 101? IPO Provides Its Answer") and the IP Law Section of the American Bar Association (see "ABA IP Law Section Sends Section 101 Revision Proposal to USPTO...more

Federal Circuit Review | April 2017

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Mozilla and Stanford Law Panel: What Role Does the First Amendment Have in the Patent Law?

by Fenwick & West LLP on

On April 17, Mozilla and Stanford Law held a panel to discuss the role of the First Amendment in the patent law, and specifically the impact on the patent eligibility of software and genes sequences....more

Sungkyunkwan University v. LMI Technologies (USA) Inc. (N.D. Cal. 2017)

Method for Processing Images from 3D Camera System Found Invalid under 35 U.S.C. § 101 - It is well-known law today that under 35 U.S.C. § 101, a patent claim that recites a solution to a problem but not the means of...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Nichia the Circuit affirms the denial of a permanent injunction because Nichia failed to prove irreparable injury. In RecogniCorp the panel throws out as not being directed to patentable subject matter claims directed to...more

Intellectual Ventures Loses Claims Based on § 101, Collateral Estoppel, Standing

by McDermott Will & Emery on

In a pair of decisions handed down on the same day by Chief Judge Prost, the US Court of Appeals for the Federal Circuit struck down a raft of claims on the basis of various doctrines, including patent ineligibility,...more

Heads Up! That’s Patentable Subject Matter

by McDermott Will & Emery on

In addressing the first step of the Supreme Court of the United States’ § 101 framework in Alice (IP Update, Vol. 17, No. 7) evaluating whether the claimed subject matter is an abstract idea, the US Court of Appeals for the...more

A Claim to an Abstract Idea does not Automatically Become Eligible Merely by Adding a Mathematical Formula

In Recognicorp, LLC v. Nintendo Co., Ltd., [2016-1499](April 28, 2017), the Federal Circuit affirmed the district court’s grant of judgment on the pleadings that U.S. Patent No. 8,005,303 on a method and apparatus for...more

Will Courts Consider Evidence of Patent Eligibility?

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

Recognicorp, LLC v. Nintendo Co. (Fed. Cir. 2017)

Recognicorp, owner of U.S. Patent No. 8,005,303, sued Nintendo for infringement in the U.S. District Court for the District of Oregon. After a transfer to the U.S. District Court for the Western District of Washington and...more

Willfulness Can Be Predicated on Brief Between Declaratory Judgment Filing and Counterclaim

by McDermott Will & Emery on

In a complex 42-page decision, the US Court of Appeals for the Federal Circuit addressed issues of assignor estoppel, claim indefiniteness, subject matter eligibility, claim preclusion, willfulness and lost profits damages...more

Analogous Analysis: A Survey of Recent PTAB Decisions Establishing Subject Matter Patent Eligibility

In 2014, the U.S. Supreme Court established the current framework for determining patent-eligible subject matter in Alice. The Alice framework is a two-part test, with step one requiring a determination regarding whether a...more

"Strategies for Litigants in Patent Infringement Cases Using Motions to Dismiss Post-Alice"

Nearly three years have passed since the U.S. Supreme Court's decision on patent eligibility in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. The decision, which ushered in an unprecedented wave of cases invalidating...more

Heads Up: The Federal Circuit Sees Patent Eligibility in Knowing Which Way to Look

by Fenwick & West LLP on

The most significant Federal Circuit decision in March was Thales Visionix, Inc. v. United States, another case finding eligible subject matter. What distinguishes this case—and demonstrates the inherently subjective...more

Trading Technologies Decision Stands, Federal Circuit Denies CQG Petitions for Rehearing

by Fenwick & West LLP on

As many of you know, the Federal Circuit’s decision in Trading Technologies was the first time a graphical user interface had been found patent eligible by the Federal Circuit. The defendant CQG moved for both panel...more

AliceStorm Update for Q1 2017

by Fenwick & West LLP on

With the close of the first quarter of 2017, there have been some interesting patterns developing in AliceStorm. Let’s start with the big picture...more

Myriad, Mayo, Chakrabarty, Oh My: Strategies for Life Sciences Diagnostics – Part III

In Part III of “Myriad, Mayo, Chakrabarty, Oh My: Strategies for Life Sciences Diagnostics”, we consider the use of examiner interviews and how they can assist into obtaining allowable diagnostic claims. An examiner...more

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