In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible....more
It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more
8/26/2024
/ Abstract Ideas ,
Alice Corporation ,
Artificial Intelligence ,
Chevron Deference ,
Gaming ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
Means-Plus-Function ,
NIST ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Section 101 ,
USPTO
The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more
It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more
Over the past couple months, there has been a constant onslaught of opinions related to artificial intelligence (AI) – typically ChatGPT – and the legal profession, often hinting that AI will eventually put attorneys out of...more
We have extensively covered the efforts of Sen. Thom Tillis (R-N.C.) and others to reform Section 101 of the Patent Act, from draft bills to congressional hearings. And after the U.S. Supreme Court said "thanks, but no...more
In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. Mass. Sept. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads...more
Linquet Technologies owns U.S. Patent No. 10,163,318, which claims a system for "detecting placement or misplacement of an abject." The patent introduces the invention: A wireless tag to be associated with the object to be...more
Sidekick Technology owns 12 patents broadly claiming systems, methods and apparatuses for providing automobile market information and performing or facilitating automobile transactions. Looking at the 12 patents-in-suit, the...more
I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more
In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more
Dennis Crouch at Patently-O has a breakdown of the patent cases currently pending before the U.S. Supreme Court. As he notes, a number of these cases could be transformative if certiorari is granted, including American Axle...more
Disclosure: Holland & Knight LLP, including the authors of this blog post, represents Polar Electro in the litigation described below.
In the case of Jewel Pathway LLC v. Polar Electro Inc., No. 20 CIV. 4108 (ER), 2021 WL...more
In the case of In re Sturgeon, 839 F. App'x 517, 520 (Fed. Cir. 2021), the patent application claimed a method of creating a floral arrangement on an electronic display screen with the following representative claim:
A...more
The U.S. Court of Appeals for the Federal Circuit looked at a patent directed to a data privacy system that described users operating mobile device apps to "socialize, bank, shop, and navigate." As users operate such apps,...more
3/16/2021
/ Abstract Ideas ,
Alice/Mayo ,
Appeals ,
Claim Construction ,
Data Privacy ,
Mobile Apps ,
Mobile Devices ,
Patent Litigation ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Personal Information ,
Section 101 ,
Software Patents
In the case of In Re: SARADA MOHAPATRA, Appellant, No. 2020-1935, 2021 WL 408755 (Fed. Cir. Feb. 5, 2021), Sarada Mohapatra sought to overturn a decision of the Patent Trial and Appeal Board (PTAB), holding that his patent...more
2/15/2021
/ Abstract Ideas ,
Appeals ,
Counterfeiting ,
Credit Cards ,
Fraud ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Technology ,
USPTO
Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we're gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you...more
12/22/2020
/ Abstract Ideas ,
Inter Partes Review (IPR) Proceeding ,
Judges ,
Life Sciences ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Section 101 ,
Technology ,
USPTO
In a short, two-page opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the Southern District of Indiana's ruling that a method of using peer-to-peer networking to verify...more
It should not surprise anyone reading this blog that the U.S. Supreme Court has again declined to grant any petitions concerning Section 101 patent eligibility, despite the ongoing disagreement at the Federal Circuit. While...more
Angadibir Singh Salwan is the named inventor on a patent application titled "Physician to Patient Network System for Real-Time Electronic Communications & Transfer of Patient Health Information," which disclosed a private and...more
Earlier this month, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) rejection of a patent application that described a method for weight loss that "removes hunger from...more
Dropbox and its subsidiary asserted three patents against Synchronoss Technologies related to "Secure Delivery of Information in a Network," "File Upload Synchronization" and a "System and Method for Personal Data Backup for...more
Electronic Communications Technologies (ECT) asserted its '261 patent, titled "Secure Notification Messaging with User Option to Communicate with Delivery or Pickup Representative," in the U.S. District Court for the Southern...more
CardioNet asserted its patent directed to cardiac monitoring against InfoBionic in the U.S. District Court for the District of Massachusetts. The defendant moved to dismiss the complaint, arguing that the patent was...more
Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more
2/25/2020
/ Abstract Ideas ,
Alice Corporation ,
Claim Construction ,
Dismissals ,
Motion to Dismiss ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101