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
Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching...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
Grab your aluminum pole because it's time for the airing of [patent eligibility] grievances.
The U.S. Patent and Trademark Office (USPTO), at the request of Sens. Thom Tillis (R-Texas), Mazie Hirono (D-Hawaii), Tom...more
U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu recently resigned his position with the USPTO and delivered his farewell speech at a U.S. Chamber of Commerce event on Jan. 19, 2021. In the speech, Iancu...more
In 2019, the U.S. District Court for the District of Utah dismissed Simio's lawsuit against FlexSim Software, finding that the asserted patent was ineligible under Section 101. Simio responded by asking the court to vacate...more
The U.S. Supreme Court released its order list on Jan. 13, 2020, and denied all pending petitions concerning patent eligibility. The intellectual property community was anxiously awaiting the court's decision as to whether it...more
Jalen Rose often says that you got to give the people what they want, and it’s important to listen to Jalen. So here’s the holiday reading you’re craving. Refill your eggnog, turn on the Netflix fireplace, and curl up to read...more
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
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
10/17/2019
/ Abstract Ideas ,
Computer-Related Inventions ,
Data Collection ,
Data-Sharing ,
Dismissal With Prejudice ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Technology Sector
We wrote about the Federal Circuit’s American Axle decision last week, highlighting Judge Kimberly Moore’s fierce dissent. Judge Moore was not the only person with a strong reaction. A day after the decision, Rep. Doug...more
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
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
8/16/2019
/ Abstract Ideas ,
Computer-Related Inventions ,
Dismissal With Prejudice ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Software Developers ,
Software Patents
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
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
In a well-publicized litigation, the Democratic National Committee (DNC) sued the Russian Federation for "unlawfully hacking into the DNC's computers in connection with the 2016 presidential election and thereafter...more
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
8/5/2019
/ Abstract Ideas ,
Computer-Related Inventions ,
Dismissal With Prejudice ,
Intellectual Property Protection ,
Mobile Apps ,
Online Platforms ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Social Networks
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
8/1/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Data Processors ,
Dropbox ,
Intellectual Property Protection ,
Inventive Concept Test ,
Lack of Evidence ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preemption ,
Section 101 ,
USPTO
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
Earlier this month, the Patent Trial and Appeal Board (PTAB) designated as informative four of its decisions applying the newest patent eligibility framework. This new eligibility framework, based on the United States Patent...more
7/22/2019
/ Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
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
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
Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform....more