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D. Delaware Awards Attorneys' Fees Due To Weak Section 101 Arguments, Patent Litigation Conduct

CompanyCam moved to dismiss plaintiff's complaint because the asserted '872 patent, titled "Device and Method for Embedding and Retrieving Information in Digital Images," was directed to ineligible subject matter. The U.S....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: Patent Directed to Physician to Patient Communication System Abstract, Invalid

Angadibir Singh Salwan is the named inventor on a patent application titled "Physician to Patient Network System for Real-Time Electronic Communications & Transfer of Patient Health Information," which disclosed a private and...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

Conclusory Allegations Do Not Save Barcode Patent Found to be Ineligible Under Section 101

In Coding Technologies LLC v. Mississippi Power Co., 1:19-CV-994-LG-RHW (S.D. Mississippi, June 4, 2020), Coding Technologies (CT) asserted U.S. Patent No. 9,240,008, entitled, "Method for Providing Mobile Service Using...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: Purported Technological Solution Must be Claimed to Survive a Section 101 Inquiry

Dropbox and its subsidiary asserted three patents against Synchronoss Technologies related to "Secure Delivery of Information in a Network," "File Upload Synchronization" and a "System and Method for Personal Data Backup for...more

Prior Judicial Rulings Unrelated to Patent Eligibility Inconsequential to Federal Circuit Section 101 Analysis

WhitServe LLC asserted two patents against Donuts Inc., both of which claimed systems and methods by which providers of professional services, using the internet, could send reminders to clients and obtain responses from...more

Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims

Electronic Communications Technologies (ECT) asserted its '261 patent, titled "Secure Notification Messaging with User Option to Communicate with Delivery or Pickup Representative," in the U.S. District Court for the Southern...more

Federal Circuit: Crowdsourcing Patent Directed to Invalid, Abstract Idea

A pro se applicant appealed a Patent Trial and Appeal Board (PTAB) decision affirming the rejection of the application's claims. The application entitled, "Method and System for Developing and Evaluating and Marketing...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

Off the Board: Law of the Case Doesn't Save Patent Directed to Location-Based Game Configuration

Plaintiffs CG Technology Development and Interactive Games originally sued FanDuel in the U.S. District Court for the District of Nevada, alleging infringement of 12 patents. The court eventually transferred the case to the...more

Hot Potato War: Patent to Pretreat Vegetables Not Directed to Ineligible Concept

J.R. Simplot and McCain Foods have spent the last few years battling in the U.S. District Court for the District of Idaho over issues related to – unsurprisingly – potatoes, with each party asserting a design patent related...more

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...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

SDNY: Collateral Estoppel Halts Social Media Patent Case

In late 2018, Plaintiff NetSoc sued Chegg in the U.S. District Court for the Southern District of New York (SDNY), alleging infringement of a patent directed to "establishing and using a social network to facilitate people in...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

U.S. Supreme Court Denies Pending Patent Eligibility Petitions

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

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

The Three Biggest Section 101 Stories of 2019

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

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

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