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Abstract Ideas Computer-Related Inventions

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract

The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and...more

Knobbe Martens

Claim Construction When Uniformly Referring to Aspects of an Invention

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Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more

AEON Law

Split Decision on Patents for Restricting Access to Computer Files

AEON Law on

A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Knobbe Martens

Federal Circuit Review - October 2022

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Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims - In Weisner v. Google LLC, Appeal No. 21-2228, the Federal Circuit held that the specific implementation of an abstract idea, such as improving Internet...more

Knobbe Martens

A Computer Method Claim Must Improve the Functions of the Computer to Survive § 101

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Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C....more

AEON Law

Patent Poetry: Big Tech Companies and Startups Disagree about Impact of Patent Law

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The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” The report was prepared in response to a...more

Kidon IP

Legal Protection for the Software Arts — Part 8

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Patent protection is perhaps the most contentious form of IP protection for software. There is no surer way to start a fight amongst the various interest groups interested in patents than to discuss software patents — both...more

Patterson Belknap Webb & Tyler LLP

100% Discount on Unpatentable Claims: Judge Liman Holds System for Processing Discounts in Financial Transactions to be Ineligible...

On May 3, 2022, Judge Lewis J. Liman found patent claims directed to the computerized processing of financial transaction data that splits the transaction cost between payment methods and awards or discounts to be directed to...more

Holland & Knight LLP

D. Ariz.: Exchanging Geographic and Demographic Data is not Patent Eligible under Section 101

Holland & Knight LLP on

In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more

Fox Rothschild LLP

New Federal Circuit decision finds packet monitoring patent claims eligible under Section 101

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For the first time since 2020, the Federal Circuit issued an opinion finding claims of a computer-related invention to be eligible. Although designated as non-precedential, the case may signal a key claim feature that the...more

Knobbe Martens

Federal Circuit Review - October 2021

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No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

Knobbe Martens

Defeating the Duo: Jumping to Alice Step Two

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COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC - Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Patent claims directed to...more

Knobbe Martens

Lack of Specificity in the Specification Creates Patent Eligibility Issues

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UNIVERSAL SECURE REGISTRY LLC v. APPLE INC. Before Taranto, Wallach, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: A patentee’s reference to existing known methods and techniques in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Epic Tech, LLC v. Fusion Skill, Inc. (S.D. Tex. 2021)

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

Bradley Arant Boult Cummings LLP

Another Gaming Patent Struck Down as Ineligible

Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District...more

Kidon IP

Legal Protection for the Software Arts — Part 3

Kidon IP on

In most jurisdictions around the world, the most common form of protection for software is copyright. In the US, ever since the Alice decision, copyright was thought to be the best form of protection for software. Given...more

Fox Rothschild LLP

How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

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It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more

Akin Gump Strauss Hauer & Feld LLP

The Eastern District of Texas Granted a Rule 12(b)(6) Dismissal Because the Asserted Patent Was Directed to the Patent-Ineligible...

A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more

Knobbe Martens

Free Stream Gets Caught in the Section 101 Sandbox

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FREE STREAM MEDIA CORP. v. ALPHONSO INC. Before Judges Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Patent claims were directed to an abstract...more

Kilpatrick

“Curiouser and Curiouser!”: Federal Circuit Affirms PTAB Patent-Ineligibility Decision Under Alice

Kilpatrick on

On March 11, 2021, in an Opinion by Judge Reyna, along with Chief Judge Prost and Judge Lourie, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision that the rejected claims of a patent application...more

Knobbe Martens

Innovative Data Processing Is an Ineligible Algorithm

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In Re THE BOARD OF TRUSTEES - Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: A claim directed to an innovative mathematical process to generate data was a patent ineligible...more

Sheppard Mullin Richter & Hampton LLP

How to Successfully Obtain Blockchain Patents

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more

McDonnell Boehnen Hulbert & Berghoff LLP

Personalized Media Communications, LLC v. Apple, Inc. (E.D. Tex. 2021)

Signal Processing Claims for Decrypting Encrypted Information Found Patent Ineligible - Last week, the U.S. District Court for the Eastern District of Texas, Marshall Division ruled that Defendant Apple, Inc. (hereinafter...more

Knobbe Martens

No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter

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SIMIO, LLC V. FLEXSIM SOFTWARE PRODUCTS, INC. Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah. Summary: A claim whose only inventive concept is the applications...more

McDonnell Boehnen Hulbert & Berghoff LLP

Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020)

This decision is bad.  Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in the District of Utah for alleged infringement of its U.S. Patent No. 8,156,468.  FlexSim moved for dismissal on...more

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