A district court recently granted a Rule 12(b)(6) dismissal of patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts, deciding that the asserted claims are patent...more
The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101. The court found that...more
The Patent Trial and Appeal Board (PTAB) recently found unpatentable claims that are directed to a processor-based system for drilling a well that selects a desired path for the wellbore based on factors such as curvature,...more
As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...more
2/26/2024
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Executive Orders ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Act ,
Patent-Eligible Subject Matter ,
Patents ,
USPTO
The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to changing the position of components in an image to create the appearance of movement, i.e., animation. The court agreed that the...more
The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to a graphical user interface that seeks to enhance how search results are displayed to a user. The court agreed that the claims are...more
Judge Wu in the Central District of California recently granted dismissal of patent infringement claims directed to generating and sharing video content over a social network because they are patent ineligible under 35 U.S.C....more
A court in the District of Colorado recently denied dismissal of patent infringement claims, holding that the asserted claims directed to plunger lift systems for cultivating natural gas from an oil-and-gas well are patent...more
Key Takeaways -
To support the CHIPS Act of 2022, the USPTO initiated a pilot program that provides expedited examination of certain patent applications directed to manufacturing semiconductor devices, potentially reducing...more
The Eastern District of Virginia recently dismissed a patent infringement claim, holding that the asserted claim directed to natural speech processing is patent ineligible under 35 U.S.C. § 101, because it fails the Alice...more
Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more
10/27/2023
/ Abstract Ideas ,
Alice/Mayo ,
Claim Construction ,
CLS Bank v Alice Corp ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Section 101 ,
Software Patents
Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training...more
Judge Cronan in the Southern District of New York (S.D.N.Y.) recently granted a motion to dismiss Plaintiff’s complaint because the patents-in-suit are directed to patent-ineligible subject matter under 35 U.S.C. § 101. The...more
Judge Engelmayer in the Southern District of New York recently granted a motion to dismiss the complaint because the patent-in-suit is directed to patent-ineligible subject matter under 35 U.S.C. § 101. The patent is directed...more
Judge Wolson in the District of Delaware recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The patent is directed to cochlear implants. A single dependent...more
Judge Orrick in the Northern District of California recently granted a motion for judgment on the pleadings that the asserted claims are invalid for claiming patent-ineligible subject matter under 35 U.S.C. § 101. The...more
Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline...more
Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more
Judge Orrick in the Northern District of California recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The court found that the claims recited the abstract...more
Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more
A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more
While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more
11/12/2020
/ Abstract Ideas ,
Claim Construction ,
CLS Bank v Alice Corp ,
Federal Rule 12(b)(6) ,
Inventive Concept Test ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Question of Fact ,
Section 101
In an August 18 memorandum, the U.S. Patent and Trademark Office (USPTO) issued binding agency guidance on the proper role of “applicant admitted prior art” (AAPA) in inter partes review (IPR) proceedings. The memorandum...more
A recent initial determination at the U.S. International Trade Commission (ITC) determined that claims directed to semiconductor chips with no lower bounds for recited gate pitch and width ranges (e.g., “less than or equal to...more
The Federal Circuit recently affirmed a district court’s dismissal because the claims directed to an interactive video game for learning to play guitar were patent-ineligible under 35 U.S.C. § 101. In its ruling, the court...more
6/18/2020
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Section 101 ,
Video Games