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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

"Not A Close Call" – Taxicab Credit Card System Patent Found to be Abstract, Invalid

Curb Mobility sued a handful of taxicab companies in the U.S. District Court for the District of Nevada and alleged infringement of a patent titled "System for Credit Card Acceptance in Taxicabs." Curb's complaint focused on...more

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

USPTO Designates Ex Parte Linden as an Informative § 101 PTAB Decision

The U.S. Patent and Trademark Office (USPTO), on occasion, publishes certain Patent Trial and Appeal Board (PTAB) decisions as precedential or informative. An informative decision provides PTAB norms on recurring issues,...more

Federal Circuit: Complexity Does Not Necessarily Impart Section 101 Patentability

Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more

Fed. Cir. Agrees: Patent Directed to Monitoring Baggage Delivery is an Invalid Abstract Idea

Earlier this month, the Federal Circuit affirmed another District of Delaware decision without a written opinion. The Delaware decision, from January 2019, granted Roadie, Inc.'s motion for judgment on the pleadings, finding...more

Fed. Cir. Affirms It: Facilitating Cross-Marketing Relationships an Invalid Abstract Idea

On Tuesday, the Federal Circuit affirmed a District of Delaware decision without a written opinion. The Delaware decision, from late 2018, granted LinkedIn's motion to dismiss the plaintiff's patent suit, finding the asserted...more

Fed. Cir. Examines Expert Declarations and Unasserted Claims in Recent § 101 Decision

Earlier this month, the Federal Circuit ruled on an interesting case that discussed (1) when a case or controversy exists as to unasserted patent claims, and (2) the extent expert declarations affect a patent eligibility...more

USPTO Updates Its 2019 Patent Eligibility Guidelines

Late last week, the United States Patent and Trademark Office (USPTO) published updated guidance to patent examiners for evaluating subject matter eligibility. This update was in response to comments received in response to...more

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

S.D.N.Y.: Money Transfer Patent Directed to Patent-Ineligible Subject Matter

Western Express Bancshares (WEB) alleged that Green Dot’s sale of debit cards infringed WEB’s patent, which was directed to a method of transferring money through a bank card where (1) the card was linked to a bank account,...more

Tax Preparation Patent Directed to an Abstract Idea

PTP OneClick asserted its ’915 patent against Avalara in the Western District of Washington; the court quickly dismissed those claims and held that the asserted claims were directed to “the abstract concept of calculating and...more

Dog Tug Toy Withstands Section 101 Challenge (N.D. Illinois)

FYF-JB sued Pet Factory for allegedly infringing a patent related to a tug toy that comprises: at least one gripping member; a central portion; and a noise maker designed to emit a sound when one applies force. The patent...more

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Let It Ride: Gambling Patent Survives Early Section 101 Challenge, Requires Claim Construction

The plaintiff asserted four sports gambling patents against two defendants. The Patent Trial and Appeal Board (PTAB) instituted inter partes review proceedings on three of the asserted patents and defendants moved to dismiss...more

Patent Directed to Testing Electronic Circuits Using a Laser Beats § 101 Challenge

Plaintiff SEMICAPS filed suit in the Northern District of California, alleging infringement of U.S. Patent No. 7,623,982, which relates to the testing of electronic circuits using a laser. The defendants moved to dismiss the...more

Federal Circuit: Construe Disputed Claim Terms Before Deciding § 101 Eligibility

The Federal Circuit – in a split decision – remanded a recent N.D. California decision and held that the district court should have construed a disputed claim term before ruling on patent eligibility. MyMail asserted...more

E.D. North Carolina Axes Patent Directed to Teaching Guitar

Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more

Call Interface Patent Survives Early Section 101 Challenge in Delaware

Mod Stack accused Aculab of infringing U.S. Patent No. 7,460,520, which relates to "a system and method for simultaneously interfacing with different types of call controllers in a voice gateway." The patent specification...more

Federal Circuit: Reordering Conventional Steps Insufficient to Constitute an Inventive Concept

Last week, the Federal Circuit reversed a District of Minnesota decision and found a patent directed to a system and method for processing paper checks to be abstract and not eligible for patent protection. Judge Chen wrote...more

It's Not You; It's Your Patent: Dating App Patent Held To Be Abstract, Ineligible

NetSoc filed suit against several online dating platforms, alleging infringement of its patent entitled "Method and System for Establishing and Using a Social Network to Facilitate People in Life Issues." The defendants moved...more

D. Delaware Invalidates Patent Directed to Onsite Data Backup; Discusses Role of Evidence, USPTO and Preemption

The District of Delaware recently found a patent directed to onsite data backup to be abstract and ineligible for patent protection. The court's discussion went beyond the standard Alice inquiry, and touched on the roles of...more

Remembering Justice Stevens and His Bilski Concurrence

Justice John Paul Stevens passed away last week at the age of 99. During his nearly 35 years on the Supreme Court, Justice Stevens did not hesitate to make his views on intellectual property rights known – in short, they...more

Vehicle Control Patent Survives Early Eligibility Challenge

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

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