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Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

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

Section 101 Patent Eligibility Roundup: It's Been Too Long

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

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

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

Section 101 Patent Eligibility: A Quick News Roundup

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

Artificial Intelligence (AI) Weighs in on Section 101 Patent Eligibility

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

Rep. Issa Named Chairman of IP Subcommittee: An End for Section 101 Reform?

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

Red Flag Raised: E-Motosport Patent Ineligible Under Section 101

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

Lost Item Tracking Patent Finds No Love in the Northern District of California

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

12 Patents Surrounding Automobile Transactions Found Ineligible Under Section 101

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

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

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

D. Ariz.: Exchanging Geographic and Demographic Data is not Patent Eligible under Section 101

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

Section 101 Patent Eligibility at the Supreme Court: Where Are We?

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

Southern District of New York: Digital Mapping Patent Fails Under Section 101

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

Federal Circuit: Method of Creating a Floral Arrangement is an Abstract Idea

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

Federal Circuit Confirms Data Privacy Patent Is an Invalid Abstract Idea under Section 101

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

Patent Directed to Countering Credit Card Fraud is an Invalid Abstract Idea Under Section 101

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

Top Section 101 Patent Eligibility Stories of 2020

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

Advantage over Prior Methods Inadequate to Confer Patent Eligibility without Technological Improvement

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

Supreme Court Declines to Hear Section 101 Patent Eligibility (Again)

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

Federal Circuit: Patent Directed to Physician to Patient Communication System Abstract, Invalid

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

Weight Loss Patent Application Does Not Survive Section 101 Scrutiny

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

Federal Circuit: Purported Technological Solution Must be Claimed to Survive a Section 101 Inquiry

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

Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims

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

Federal Circuit Revives Cardiac Monitoring Patent, Not Directed to an Abstract Idea

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

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

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

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