News & Analysis as of

Appeals Computer-Related Inventions

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2022

INVT SPE LLC v. Intโ€™l Trade Commโ€™n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) - In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn...more

Knobbe Martens

No โ€œAutomaticโ€ Review Under O2 Micro

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KAUFMAN v. MICROSOFT CORPORATION - Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York - Summary:ย  An โ€œautomaticโ€ method does not require all steps in the method to be...more

Knobbe Martens

Sounding Off: Prosecution Disclaimer Requires Unambiguous Intrinsic Evidence

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GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As โ€œInventor,โ€ discuss recent inventorship issues...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 courtโ€™s invalidity finding related to one of six different patents asserted against Sony in Northern District...more

Fitch, Even, Tabin & Flannery LLP

EPO Decision G1/19 Addresses Patentability of Computer-Implemented Simulations in Europe

On March 10, in decision G1/19, the European Patent Office (EPO) Enlarged Board of Appeal held that computer-implemented simulations are not per se unpatentable and warrant the same treatment as other computer-implemented...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

Holland & Knight LLP

Advantage over Prior Methods Inadequate to Confer Patent Eligibility without Technological Improvement

Holland & Knight LLP on

In a short, two-page opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the Southern District of Indiana's ruling that a method of using peer-to-peer networking to verify...more

McDermott Will & Emery

Explain Yourself: โ€œUntetheredโ€ Obviousness Determination Reversed

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated in part and remanded a Patent Trial and Appeal Board (Board) determination of unpatentability because the Board did not adequately support its reasoning as to certain...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Rules Public Key Cryptography Algorithm Invalid Under 35 U.S.C. ยง 101

Note:ย  The below is a sarcastic parody, in the spirit of our earlier sarcastic parodies. WASHINGTON D.C., June 23, 1984.ย  In a unanimous decision, the Federal Circuit has ruled U.S. Patent No. 4,405,829 invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)

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.ย  The District Court ruled that all three patents were valid...more

Holland & Knight LLP

U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid

Holland & Knight LLP on

On remand from the Federal Circuit, the U.S. District Court for the Northern District of California once again found patents directed to a method of modifying computer toolbars without user interaction invalid under Section...more

Jones Day

District Courts Find PTAB Statements Constitute Disclaimer

Jones Day on

In Linksmart Wireless Tech., LLC v. Caesars Entmโ€™t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the โ€œโ€™459 Patentโ€), Linksmart had...more

Knobbe Martens

An Invention That Changes the Normal Operation of a System Is Not Abstract Under ยง 101

Knobbe Martens on

UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California. Summary: A claim is not abstract where it is directed to an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - March 2020: Another Patent Ineligible Technology - Adding to the Growing List

We wanted to bring to your attention a recent case out of the Federal Circuit:ย Customedia v. Dish.ย  This case focused onย patent-eligibility and computer software claims...ย ...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

McDermott Will & Emery on

Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district courtโ€™s judgment on the pleadings under 35 USC ยง 101, finding claims related to error checking...more

Seyfarth Shaw LLP

California Appellate Court Rules Publication of Trade Secrets, Even Without Owner Consent, Eviscerates Protection

Seyfarth Shaw LLP on

It is axiomatic that in order for information to be considered a trade secret, it must have been kept secret. But what if the trade secret is disclosed without the ownerโ€™s consent? Such was the issue in Intellisoft, Ltd. v....more

McDermott Will & Emery

Check Processing Claims Bounce

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchantโ€™s account before scanning the check to be subject matter ineligible under 35 USC ยง 101 as reciting an...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2019 #4

PATENT CASE OF THE WEEK - Papst Licensing GMBH & Co. KG v. Samsung Electronics America, Inc., Appeal No. 2018-1777 (Fed. Cir. May 23, 2019) - In a sternly-worded decision this week, the Federal Circuit held claims to...more

Mintz - Intellectual Property Viewpoints

Continental Circuits LLC v. Intel Corp., et al: Federal Circuit Reemphasizes Prohibition on Importing a Preferred Embodiment into...

The Court of Appeals for the Federal Circuit (CAFC) recently issued a precedential opinion finding that a lower court had improperly incorporated an embodiment from the specification of the asserted patents into the claims....more

Sunstein LLP

January 2019 IP Update - The Federal Circuit Refines the Post-Alice Landscape, Holding Spreadsheet Tabs Patent-Eligible

Sunstein LLP on

In Data Engine Technologies LLC v. Google LLC, holding patent-eligible a spreadsheet provided with tabs to facilitate navigation, the Federal Circuit continued, in late 2018, to refine the law of patent eligibility of...more

Knobbe Martens

Ancora Technologies, Inc. v. HTC America, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington. Summary: Claims directed to improving computer security by using BIOS...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

Federal Circuit Further Expands the Role of Factual Questions in Section 101 Analysis

Knobbe Martens on

In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

Knobbe Martens on

In BSG Tech LLC v. BuySeasons, Inc., the Federal Circuit held that a patent claim is ineligible under ยง 101 when its only allegedly unconventional feature is an abstract idea. The Federal Circuit affirmed the judgment of the...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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