News & Analysis as of

CLS Bank v Alice Corp

Federal Circuit Affirms Delaware Alice Decision

In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents were directed to ineligible subject...more

Patent Invalidation Paves the Way for Automated Fare Collection Systems

by Holland & Knight LLP on

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Intellectual Ventures I LLC v. Erie Indemnity Co. (Fed. Cir. 2017)

Intellectual Ventures I (IV) brought an action against Erie Indemnity Company in the Western District of Pennsylvania, alleging infringement of U.S. Patent No. 7,757,298. Erie filed a motion to dismiss under Rule 12(b)(6),...more

BioPharma Patents Quick Tips & News – November 2017

Diagnostic Method Claims in the U.S. I. Let’s recap the last five years! Mayo (2012) = Supreme Court prohibits patents for diagnostic methods without “significantly more” (essentially, you must not only discover a...more

When the Blind Go Leading the Blind: The USPTO’s §101 Eligibility Guidance

In the immediate aftermath of the 2013 Myriad decision, the United States Patent and Trademark Office (USPTO) released a set of guidance documents in March 2014 explaining how it planned to apply the new §101 precedents....more

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

by 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

Cable Providers “Cut the Cord”: Audio/Video Streaming Patents Fail Both Alice Steps

The Federal Circuit affirmed the decision of the Delaware District Court in Two-Way Media, Ltd. v. Comcast Cable Communications, Inc., Nos. 16-2531, 16-2532 (Fed. Cir. Nov. 1, 2017), determining that Two-Way Media’s patents...more

Federal Circuit Endorses the Use of a Claim Preamble (Which Isn’t Even a Limitation, Right?) to Find the Claim Was Directed to an...

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, [2016-2531, 2016-2532] (November 1, 2017), the Federal Circuit affirmed the district court’s determination that the asserted patents were directed to patent...more

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds.  Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned...more

New Flavors Of The Alice Analysis On Display In Federal Circuit Ineligibility Ruling

by Orrick - IP Landscape on

Two-Way Media Ltd v. Comcast Cable Communications, LLC et al., Fed. Cir. (November 1, 2017) - The Federal Circuit’s decision last week to invalidate all of the claims of two audio and video streaming patents as claiming no...more

Two-Way Media Ltd. v. Comcast Cable Communications, LLC (Fed. Cir. 2017)

Two-Way Media brought an action against Comcast in the District of Delaware, claiming infringement of U.S. Patent Nos. 5,778,187, 5,983,005, 6,434,622, and 7,266,686. The District Court dismissed the case on the pleadings,...more

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35...more

Patent Eligibility of Computer Implemented Inventions in the US

by Knobbe Martens on

At a recent Knobbe Martens and Bugnion SpA Seminar, Vlad Teplitskiy presented on patentable subject matter in the U.S. Please see full publication below for more information....more

Smart Systems Innovations, LLC v. Chicago Transit Authority (Fed. Cir. 2017)

Three years ago, the Supreme Court's Alice Corp. v. CLS Bank Int'l case set forth a two-part test to determine whether claims are directed to patent-eligible subject matter under 35 U.S.C. § 101. One must first decide...more

Judge Linn in Dissent Reveals that Alice has No Clothes

In Smart Systems Innovations, LLC v. Chicago Transit Authority, [2016-1233] (October 18, 2017), the Federal Circuit affirmed the district court’s judgment on the pleadings that the asserted claims of U.S. Patent Nos....more

Secured Mail Solutions LLC v. Universal Wilde, Inc. (Fed. Cir. 2017)

Patents Directed to Mail Barcodes Found to be Directed to Ineligible Subject Matter - Secured Mail Solutions LLC appealed from the U.S. District Court for the Central District of California's grant of a motion to dismiss...more

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 1

It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank. During that time, the Federal Circuit has issued only a precious few decisions upholding...more

Guide to the U.S. Patent Office’s Materials on Subject Matter Eligibility

by Knobbe Martens on

Since 2014, the USPTO has periodically issued examination guidance, analysis examples, and other insights to guide evaluation of patent subject matter eligibility under 35 U.S.C. § 101. These documents are available on the...more

Mayo at Five: Are Traditional Method of Treatment Claims in Danger Under Section 101?

by Fish & Richardson on

Just over five years ago, the Supreme Court began reshaping the concept of patent-eligible subject matter in the life sciences with its decision in Mayo v Prometheus. The Mayo case introduced a new two-step test for patent...more

USPTO Update on Patent-Eligibility for Life Science Inventions

by Foley & Lardner LLP on

On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO’s current thinking on patent-eligibility. The meeting followed the USPTO’s June 25th, 2017...more

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

by Shearman & Sterling LLP on

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more

Surviving Alice with an Appeal

by Fenwick & West LLP on

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

District Court Finds Mallinckrodt Patents Claim Unpatentable Natural Phenomena

by Knobbe Martens on

The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al employed the two-step analytical framework of Mayo/Alice to evaluate subject matter eligibility under 35 U.S.C. § 101, and the...more

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

by Knobbe Martens on

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district court and held...more

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