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Federal Circuit: Failure to Preserve Key Argument Blunts Section 101 Eligibility Appeal

In Travel Sentry, Inc. v. Tropp, 2022 WL 443202 (Fed. Cir. Feb. 14, 2022), Mr. Tropp alleged infringement of two of his related patents. The parties agreed at the U.S. District Court for the Eastern District of New York that...more

Top Section 101 Patent Eligibility Stories of 2021

It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually"). No. 3: More of...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 Invalidates Patent Directed to Customer Loyalty and Rewards System

In cxLoyalty Inc. v. Maritz Holdings Inc., 986 F.3d 1367, 1380 (Fed. Cir. 2021), Patent No. 7,134,087 explained that loyalty programs often issue points to customers as a reward for certain activities and allow the customers...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

Will 2021 Be the Year the U.S. Supreme Court Again Addresses Section 101 Eligibility?

In 2020, the U.S. Supreme Court declined to hear Section 101 patent eligibility cases again, and again, and again. But is 2021 the year that the Supreme Court finally addresses the topic? Maybe. I'm hesitant to say yes....more

Federal Circuit Remands District Court's "Cursory" Section 101 Analysis for Further Review

Realtime Data filed suit in the U.S. District Court for the District of Delaware against a number of defendants alleging infringement of various combinations of claims from five different patents. The asserted patents had...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

Revisiting Supreme Court Nominee Judge Amy Coney Barrett's Recent Trade Secret Opinion

The authors of this blog post revisited Judge Amy Coney Barrett's opinions for the U.S. Court of Appeals for the Seventh Circuit in her three years on the bench in light of her recent nomination for the U.S. Supreme Court. In...more

Federal Circuit Narrows its Prior Decision; Court is Still Torn on Section 101 Patent Eligibility

Following a combined petition for rehearing and rehearing en banc filed by patent owner American Axle, the U.S. Court of Appeals for the Federal Circuit has modified its earlier opinion. In that earlier decision – described...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: Unrelated Patent's Citation to Asserted Patent Doesn't Suggest a Technical Solution

Data Scape Limited sued Western Digital in the U.S. District Court for the Central District of California, alleging infringement of four patents that claim methods, systems and apparatuses for transferring music from one...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

D. Utah Cellspin Not Section 101 Intervening Law

This summer, the District of Utah dismissed Simio’s lawsuit against Flexsim Software, finding that the asserted patent was not patent eligible under Section 101. Simio responded by asking the court to vacate its judgment or,...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

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Federal Circuit Invalidates Electric Vehicle Charging Station Patent

The U.S. Court of Appeals for the Federal Circuit recently ventured into the electric vehicle technology space, but only to invalidate a patent related to networked charging stations. ChargePoint, the patent owner, argued...more

Supreme Court Resolves Circuit Split on Copyright Registration and Commencing a Lawsuit

The U.S. Supreme Court in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC clarified that copyright registration occurs, and a claimant may commence a copyright infringement suit, once the U.S. Copyright Office...more

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