Podcast: Patentable Subject Matter in 2019
Drafting Software Patents In A Post-Alice World
Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software
Eligibility wins at the Federal Circuit are scarce enough that any decision finding a claim to survive § 101 is worth a read. Constellation Designs, LLC v. LG Electronics Inc. is worth two reads, because the panel managed to...more
Precedential and Key Federal Circuit Opinions - CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. [OPINION] (2024-1822, 04/28/2026) (Lourie, Stoll, Oetken, D.J.) - Stoll, J. The Court vacated and remanded the...more
Video streaming technology is everywhere, but the patents behind it continue to face scrutiny under Section 101. In BitHarmony, LLC v. Amazon.com, Inc., Case No. 1:25-cv-02449, 2026 WL 1257368 (E.D. Va. May 7, 2026), Judge...more
In my last post, I wrote about the importance of asking the right question because the answer you get is only as good as the question you ask. That idea is practically universal, it also shows up in how patent eligibility...more
Addressing issues related to patent eligibility, infringement, and damages, the US Court of Appeals for the Federal Circuit vacated in part, affirmed in part, and remanded, finding that certain result-oriented claims were...more
This decision provides a clear win for companies facing claims of patent infringement directed to abstract and unpatenable ideas....more
In Trustees Of Columbia University v. Gen Digital Inc., Appeal No. 24-1243, the Federal Circuit held that software claims were directed to an abstract idea at Alice step one where the technical improvements described in the...more
The U.S. Court of Appeals for the Federal Circuit recently affirmed the Patent Trial and Appeal Board's (Board) rejection of a patent application directed to an "information exchange apparatus for determining an exchange...more
Precedential and Key Federal Circuit Opinions - 1. GRAMM v. DEERE & COMPANY [OPINION] (2024‑1598, 03/11/2026) (Lourie, Reyna, Cunningham) - Reyna, J. The Court reversed the district court’s judgment that the asserted...more
Addressing patent eligibility, infringement, willfulness, enhanced damages, and the limits of patent damages tied to foreign software sales, the US Court of Appeals for the Federal Circuit vacated a $185 million jury award...more
Recently, District Judge Alvin K. Hellerstein (S.D.N.Y.) granted Defendant CloudTalk.io, Inc.’s (“CloudTalk”) motion to dismiss Missed Call, LLC’s (“Missed Call”) complaint, finding that the asserted patent was directed to an...more
If you defend patent lawsuits or have ever been a defendant, you've likely heard from Random Chat LLC – and certainly its counsel, Bill Ramey. Random Chat has sued many companies across technology, retail, e‑commerce,...more
In Dusome v. Canada (Attorney General), 2025 FC 1809, the Federal Court reviewed the Commissioner of Patents' decision refusing to grant Canadian Patent Application Number 2,701,028 on the basis that it was a “mere scientific...more
US PATENT NO. 7,679,637 LLC v GOOGLE LLC - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the Western District of Washington. Result-oriented claims were found ineligible under 35 U.S.C...more
In US Pat. No. 7,679,637 LLC v. Google LLC, the Federal Circuit affirmed dismissal of a patent infringement suit, holding that the claims directed to asynchronous web conferencing were patent-ineligible under 35 U.S.C. § 101....more
The US Court of Appeals for the Federal Circuit reversed a district court’s rejection of Netflix’s 35 U.S.C. § 101 challenge, finding that claims directed to tailoring content specifications for wireless devices were patent...more
On February 6, 2026, the Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Western District of Wisconsin, finding six patents owned by plaintiff invalid for claiming...more
Under 35 U.S.C. § 101, an invention may be deemed unpatentable if it is directed an abstract idea without “significantly more.” In January 2026, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a...more
Precedential and Key Federal Circuit Opinions - U.S. PATENT NO. 7,679,637 LLC v. GOOGLE LLC [OPINION] (2024‑1520, 01/22/2026) (Moore, Hughes, Stoll) - Moore, C.J. The Court affirmed the district court’s dismissal of U.S....more
Less than a year after holding that generic machine-learning patents are abstract in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit may be refining where to draw the line on patent eligibility....more
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent infringement suit, holding that the asserted web conferencing claims were directed to an abstract idea, lacked any inventive...more
On January 22, 2026, the United States Court of Appeals for the Federal Circuit affirmed the Rule 12 dismissal of a patent infringement action brought by US Patent No. 7,679,637 LLC against Google LLC, holding that the...more
Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning....more
On January 22, 2026, the Federal Circuit issued a precedential opinion authored by Chief Judge Moore in US Pat. No. 7,679,637 LLC v. Google LLC, No. 24-1520, 2026 LEXIS 92121 (Fed. Cir. Jan. 22, 2026) affirming the District...more
Recentive Analytics, Inc. v. Fox Corp., No. 23-2437 (Fed. Cir. 2025) – On April 18, 2025, the Federal Circuit upheld the district court’s dismissal of the case on the ground that the patents were ineligible under § 101....more