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An Economic Test For Patent Eligibility?

by Foley & Lardner LLP on

In the non-precedential decision issued in Exergen Corp. v. Kaz USA, Inc., Judge Moore considered the time and money it took to develop the invention at issue when deciding that the claims satisfy the patent eligibility...more

The Federal Circuit Disagrees Over How to Analyze Patent Eligibility

by K&L Gates LLP on

On March 8, 2018, the Court of Appeals for the Federal Circuit, in Exergen Corp. v. Kaz USA, Inc., held that patent claims involving body temperature detection were directed to patent-eligible subject matter under § 101. The...more

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Immersion Corp. v. Fitbit, Inc. (N.D. Cal. 2018)

District Court Throws Out Haptic Feedback Claims on Grounds of Patent Ineligible Subject Matter - Last week, Judge Koh of the U.S. District Court for the Northern District of California deemed claims relating to...more

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

Good Vibrations, Bad Vibrations: American Axle v. Neapco Ruling

by Fenwick & West LLP on

In reading post-Mayo/Alice decisions, some seem more comfortable than others. I’ve been having a tough time getting my head and heart around a recent decision from Judge Leonard Stark of the District of Delaware. The case is...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Finjan Your Claims to Patent Eligibility

by Workman Nydegger on

On January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc. (Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018))....more

Successful Section 101 Motion to Dismiss: Digital Ad Delivery Is Abstract Concept

On March 1, 2018, United States District Judge Paul A. Engelmayer (S.D.N.Y.) granted defendants’—Charter Communications, Inc. and Spectrum Management Holding Company, LLC (together, “Charter”)—motion to dismiss a patent...more

Welcome to the Aatrix: Facts, Lots of Facts, Available for Eligibility Analyses?

by K&L Gates LLP on

Two recent Federal Circuit opinions suggest that factual questions and evidence may influence eligibility analyses under 35 U.S.C. § 101. These opinions may significantly change how both litigators and prosecutors handle §...more

Chief Judge Stark Grants Defendants’ Motion For Summary Judgment After Finding Patent Invalid Due To Being Directed To Patent...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in American Axle & Mfg., Inc. v. Neapco Holdings LLC et al., Civil Action No. 15-1168-LPS (D.Del. February 27, 2018), the Court granted Defendants’ Motion for...more

Concrete Solution to Computer Problem Is Patent Eligible

by McDermott Will & Emery on

Affirming a series of district court rulings, the US Court of Appeals for the Federal Circuit found claims directed to software menus that display a limited subset of commonly used functions—useful in conserving space on...more

Minimizing Risks Associated With Patent Subject Matter Eligibility

by LeClairRyan on

The Federal Circuit recently issued a trio of decisions relating to early motions seeking dismissal under 35 U.S.C. § 101 based on subject matter eligibility under the Supreme Court’s Alice decision. ...more

Nearly All Post-Alice Eligibility Rejections are Affirmed in Whole by the PTAB

Frequently, the fate of a patent application lies with a single patent examiner. This power frustrates applicants when an impasse has been reached in terms of interpretation of the claims, cited art, or patent statutes....more

Surviving Alice Challenges To Patent Claims

by Weintraub Tobin on

The Court of Appeals for the Federal Circuit just highlighted another approach plaintiffs can use to overcome early challenges to the validity of patent claims under 35 U.S.C. §101. What is that approach? It is a classic...more

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

by Foley & Lardner LLP on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more

The Master Review Form Provides Insight into How the U.S. Patent & Trademark Office Treats Eligible Subject Matter Rejections...

by K&L Gates LLP on

On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more

Factual Evidence of Conventionality May Be Required for Section 101 Findings

In Berkheimer v. HP Inc. (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the district court’s finding that certain claims of U.S. Patent No. 7,447,713—directed to digital processing and archiving in a digital asset...more

Berkheimer v. HP Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: (1) Terms of degree, including “minimal,” may render claims...more

USPTO Publishes Updated Subject Matter Eligibility in a New Revision of the Manual of Patent Examining Procedure

by K&L Gates LLP on

On January 30, 2018, the United States Patent and Trademark Office (USPTO) quietly published a new revision (Revision 08.2017) to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP). The revision includes...more

Ex parte Kotanko (PTAB 2018)

In an interesting decision issued last year, the Patent Trial and Appeal Board reversed the final rejection of claims 1-5 and 9 in U.S. Application No. 12/959,017. The claims at issue had been rejected under 35 U.S.C. § 101...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Federal Circuit Finds Fact Issues Bar § 101 Ruling, Jeopardizing Early Motion Strategy

by Orrick - IP Landscape on

Berkheimer v. HP Inc., Fed. Cir. (February 8, 2018) - Last Thursday, the Federal Circuit decided Berkheimer v. HP Inc. It ruled, for the first time, that a district court had engaged in improper fact finding when deciding...more

Another 101 Bites The Dust

In DCT Move, Inc. v. Real Estate Alliance, the CAFC affirmed the district court’s holding of invalidity of claims under 101. Here is the representative claim....more

Patenting Software Methods

by Snell & Wilmer on

Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more

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