Electronic Gaming Patents Found Invalid under § 101 -
In the U.S. District Court for the Southern District of Texas (Houston Division), Plaintiff Epic Tech, LLC (a seller of so-called "sweepstakes games") sued...more
Claims Directed to Selecting Fishing Hooks for Use Are Not Patentable -
Christopher John Rudy, represented pro se, appealed from a decision of the Patent Trial and Appeal Board ("Board") affirming the rejection of claims...more
Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter -
In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more
Purely Business Method Patent Found Ineligible under Section 101 -
In an appeal from a rejection in initial examination of appellant Mark Eberra's patent application, the Federal Circuit affirmed the Patent Trial and...more
Telephone Call Processing Patent Claims Found Invalid under 35 U.S.C. § 101 -
In the United States District Court for the District of Delaware, Plaintiff filed a declaratory judgment action on seeking a declaration that...more
Claims Lacking Details Found to be Directed to Patent-Ineligible Subject Matter -
In the U.S. District Court for the District of Utah (Central Division), Polar filed a motion for judgment on the pleadings contending that...more
Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter -
In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank...more
File-Searching Software Patent Found to be Patent Eligible -
Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more
Federal Circuit Finds Another Software Patent Invalid under Section 101 -
The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more
Message Exchange Patent Held Invalid under Section 101 -
Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for...more
Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more
Last month, the U.S. District Court for the Western District of Washington granted Defendant Amazon.com's Motion to Dismiss for Invalidity under 35 U.S.C. § 101 on the grounds that the two patents asserted by Plaintiff...more
Life Technologies Corp. filed a petition requesting covered business method (CBM) patent review of a number of claims of U.S. Patent No. 6,996,538. The PTAB determined that the claims are unpatentable under 35 U.S.C. § 101...more
In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more
7/26/2016
/ Abstract Ideas ,
Applications ,
Inventors ,
LendingTree ,
Loans ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents ,
USPTO ,
Zillow
The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more
6/28/2016
/ Abstract Ideas ,
AT&T Mobility ,
CLS Bank v Alice Corp ,
Failure To State A Claim ,
Internet Service Providers (ISPs) ,
Patent Infringement ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents
Patent Having Claims That Apply Law of Nature Is Patent-Eligible -
On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent...more
"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible -
On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying...more
U.S. Patent to Consumer Marketing, Based on Avatar Choices, Survives § 101 Challenge -
On March 22, 2016, the U.S. District Court for the District of Delaware issued a Memorandum Opinion in a case captioned Treehouse...more
After Multiple CBM Petitions, Motorola Invalidates Software Patent -
On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review...more
U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review -
On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business...more
By Joseph Herndon -- The test for what is patentable subject matter under 35 U.S.C. § 101 in the United States has become quite difficult to understand. In Alice Corp. v. CLS Bank, the Supreme Court provided a two-step test...more
Producing "digital labels" is Patent Eligible under § 101 -
On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream...more
Genband US LLC sued Metaswitch for infringement of claims of U.S. Patent No. 6,772,210 ("the '210 Patent") and U.S. Patent No 7,047,561 ("the '561 Patent") in the U.S. District Court for the Eastern District of Texas...more
Generic Software Claims Found Ineligible under § 101 -
A common theme found in recent patent litigation is that software claims lacking detail are more likely to be found invalid under 35 U.S.C. § 101.
The U.S....more
Patent Eligibility Requires Consideration of the Claim as a Whole -
The U.S. District Court for the Northern District of Ohio (Eastern Division) issued an opinion on December 21, 2015 in the case captioned 01 Communique...more