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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

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

"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

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

Bloomberg Law: There is a Lack of Consensus among Stakeholders on Patent Eligibility Reform

As we know, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) introduced a draft bill months ago that would "reform Section 101 of the Patent Act" and followed that up with a series of congressional hearings. Senator...more

A Federal Circuit Quarrel: Patent Eligibility, Enablement and a Fiery Dissent

There is an ongoing struggle over § 101: the Federal Circuit struggles over the appropriate scope; the lower courts struggle to apply the Federal Circuit's decisions; litigants struggle due to the aforementioned. This has...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

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

RPX: The Berkheimer/Aatrix Effect is Real

RPX’s latest quarterly review provides a deep dive on the effects of Berkheimer and Aatrix. If you forget, the Federal Circuit found in those two 2018 cases that Section 101 motions – at the Rule 56 and Rule 12 stages,...more

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