The Electronic Frontier Foundation (EFF) is at it again, gaslighting the public in its ongoing crusade against patents. While the EFF does perform some commendable work, mostly in the areas of individual privacy rights, its...more
In an ideal world, patent eligibility would be a simple, clear, and non-controversial inquiry. After all, the purpose of 35 U.S.C. § 101 is to inform the public which types of inventions are eligible for patenting and which...more
In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings...more
7/1/2022
/ CLS Bank v Alice Corp ,
Corporate Counsel ,
Denial of Certiorari ,
Intellectual Property Protection ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
Statutory Interpretation ,
USPTO
There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching. One party has claims that recite an invention. The other party characterizes those claims at a high level or...more
Mentone sued Digi for alleged infringement of Mentone's U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware found the claims of the patent to be ineligible under 35 U.S.C. § 101. Mentone...more
CosmoKey asserted U.S. Patent No. 9,246,903 against Duo in the U.S. District Court for the District of Delaware, alleging infringement. The District Court found the patent's claims to be ineligible under 35 U.S.C. § 101...more
Sensormatic asserted U.S. Patents 7,730,534, 7,936,370, 7,954,129, 8,208,019, and 8,610,772 against Wyze in the District of Delaware, alleging infringement. Wyze moved the District Court to dismiss under Rule 12(c), on the...more
When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics that it considered under the abstract idea exception were limited to types of financial transactions. ...more
The Supreme Court's Alice Corp. v. CLS Bank Int'l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective. As a consequence, the validity of particular types of inventions,...more
One would think that inventions relating to computer game software would easily meet the requirements for patent eligibility, as these inventions fundamentally involve technological processes and require computer...more
One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim elements when evaluating claims under 35 U.S.C. § 101. In Mayo v. Prometheus, it was stated...more
The evolution of graphical user interfaces parallels the evolution of computing technology itself. As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more
11/9/2020
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Intellectual Property Protection ,
Inventive Concept Test ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Prior Art ,
Section 101 ,
Software Developers ,
Software Patents ,
USPTO
If we have learned anything from the last six-and-a-half years of patent eligibility jurisprudence, it is that nobody knows what's going on.
Subject matter eligibility is a fundamental requirement for an invention to be...more
11/2/2020
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Examination Procedures ,
Intellectual Property Protection ,
Inventive Concept Test ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
One of the more frustrating aspects of current patent-eligibility law is that it lends itself all too easily to mischief. In particular, given that the eligibility test under 35 U.S.C. § 101 as interpreted by the courts is...more
Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the Alice v. CLS Bank decision six years ago, the distinction between what might be subject matter that can be patented and what is...more
8/1/2020
/ Abstract Ideas ,
Appeals ,
Claim Construction ,
CLS Bank v Alice Corp ,
DDR Holdings v Hotels.com ,
Enfish v Microsoft ,
Informational Studies ,
Mayo v. Prometheus ,
McRo v Bandai Namco ,
Novelty ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
SCOTUS ,
Section 101 ,
Section 102 ,
Section 103 ,
Section 112 ,
USPTO
Note: The below is a sarcastic parody, in the spirit of our earlier sarcastic parodies.
WASHINGTON D.C., June 23, 1984. In a unanimous decision, the Federal Circuit has ruled U.S. Patent No. 4,405,829 invalid under 35...more
Introduction -
Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789. The District Court ruled that all three patents were valid...more
7/21/2020
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Dissenting Opinions ,
Judicial Exception ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Section 102
Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261. The claim recites...more
7/20/2020
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Judgment on the Pleadings ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
Uniloc, owner of U.S. Patent No. 6,993,049, brought an action for infringement of that patent against LG in the Northern District of California. The District Court granted LG's motion to dismiss on the pleadings, agreeing...more
In a post-truth world, it is more tempting than ever to evaluate data based on gut instinct, intuition, and anecdotal evidence. It is thus refreshing when results of a robust statistical analysis are published, even if the...more
In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case." Instead, he found the claims of patentee Alice...more
3/3/2020
/ Abstract Ideas ,
Appeals ,
Bilski ,
CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Legal History ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
USPTO
The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold. In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more
With the eligibility rubric of Alice v. CLS Bank, an applicant/patentee must navigate a minefield of pre-issuance and post-issuance validity challenges under 35 U.S.C. § 101 in order to obtain and enforce a patent....more
Berkheimer v. HP Inc. was decided by the Federal Circuit in February 2018 and stands for -- in the words of Judge Moore of that Court -- "the unremarkable proposition that whether a claim element or combination of elements...more
Last month the U.S. Patent and Trademark Office published an update ("October Update") to its subject matter eligibility guidance. As we noted at that time, the October Update is more evolutionary than revolutionary, and...more