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
In a recent case decided by the U.S. District Court for the Southern District of New York, the plaintiff, Max Rady, alleged that he developed a method to "record to a blockchain the individual identification signatures of...more
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
The U.S. Patent and Trademark Office (USPTO) has introduced its Deferred Subject Matter Eligibility Response Pilot Program, which will evaluate the effects of permitting applicants to defer responding to subject matter...more
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
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
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
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
In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet...more
In Zyrcuits IP LLC v. Acuity Brands, Inc., No. CV 20-1306-CFC, 2021 WL 3287801, at *1 (D. Del. Aug. 2, 2021), Zyrcuits IP sued a number of defendants in the U.S. District Court for the District of Delaware, alleging...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
In the case of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Appeal Board's (PTAB) finding that two of his patent applications...more
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
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
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
3/16/2021
/ Abstract Ideas ,
Alice/Mayo ,
Appeals ,
Claim Construction ,
Data Privacy ,
Mobile Apps ,
Mobile Devices ,
Patent Litigation ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Personal Information ,
Section 101 ,
Software Patents
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
2/15/2021
/ Abstract Ideas ,
Appeals ,
Counterfeiting ,
Credit Cards ,
Fraud ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Technology ,
USPTO
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 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
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
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
12/22/2020
/ Abstract Ideas ,
Inter Partes Review (IPR) Proceeding ,
Judges ,
Life Sciences ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Section 101 ,
Technology ,
USPTO
Disclosure: Holland & Knight LLP, including the author of this blog post, represents Polar Electro in the litigation described below.
Interactive Wearables (IW) sued Polar Electro Oy and Polar Electro Inc., asserting two...more
Those waiting for the U.S. Supreme Court to weigh in on Section 101 were, once again, disappointed this week. On Nov. 16, 2020, in the case of WhitServe LLC v. Donuts Inc. et al., case no. 20-325 (U.S. Supreme Court), the...more
Karamelion has asserted its two patents more than 40 times since the summer of 2018, typically settling the cases prior to a responsive pleading. This activity will have to go on hold, at least for the time being, as the U.S....more
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
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