The seminal Alice v. CLS Bank lawsuit provided an arsenal of invalidation weapons for patent defendants across the country. Alice was particularly relevant to software patents because it held a large swath of software patents...more
Alice is clear that inventions drawn to automating well-known concepts are not patent-eligible. However, this area of the law becomes a bit murky when the automated concept is one that involves concrete or physical devices....more
It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of...more
Inventions directed to “organizing information” have long been the subject of §101 challenges. Courts and the Patent Office alike have invalidated software patents that organize information and activity, often citing Bilski...more
A Covered Business Method (CBM) review applies to patents that “claim[] a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial...more
The patentability of navigation patents continues to develop as district courts and the PTAB hear §101 issues post-Alice. Before Bilski and Alice, numerous courts brushed aside 101 attacks against GPS and store locator...more
When defending against a software patent attack, litigants often address patent-eligibility by filing covered business method (CBM) reviews, moving to dismiss the lawsuit altogether, or waiting until summary judgment....more