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Appeals Inventive Concept Test

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2022 #2

Weisner v. Google LLC, Appeal No. 2021-2228 (Fed. Cir. Oct. 13, 2022) - In its only precedential patent case this last week, the Federal Circuit again revisited the thresholds for disposing of cases under Section 101,...more

McDermott Will & Emery

Targeted Advertising Still Patent Ineligible Subject Matter

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The US Court of Appeals for the Federal Circuit found that targeted advertising is still an abstract idea and that a system providing targeted advertising must utilize something more than generic features and routine...more

Holland & Knight LLP

Federal Circuit: Method of Creating a Floral Arrangement is an Abstract Idea

Holland & Knight LLP on

In the case of In re Sturgeon, 839 F. App'x 517, 520 (Fed. Cir. 2021), the patent application claimed a method of creating a floral arrangement on an electronic display screen with the following representative claim: A...more

Knobbe Martens

Improvements to Operation of an Apparatus Were Not Abstract

Knobbe Martens on

XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...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 merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an...more

McDermott Will & Emery

Specific Factual Allegations of Inventive Concept Defeat Motion to Dismiss

Addressing patent eligibility at the motion to dismiss stage of a case, the US Court of Appeals for the Federal Circuit vacated a district court’s grant of a motion to dismiss, finding that the district court improperly...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench - August 2018 #2

PATENT CASE OF THE WEEK - Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018) In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the...more

Knobbe Martens

Searching for How: The Federal Circuit’s Continued Quest under Alice

Knobbe Martens on

On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35...more

McDermott Will & Emery

Double-Checking Alice Using Common-Sense Distinctions Between Ends and Means

McDermott Will & Emery on

Following its decision in Enfish (IP Update, Vol. 19, No. 6), the US Court of Appeals for the Federal Circuit provided additional guidance on determining whether a patent claim includes an inventive concept, thereby rendering...more

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