News & Analysis as of

CLS Bank v Alice Corp Software Patents

Akin Gump Strauss Hauer & Feld LLP

Senior Circuit Judge Issues Split Decision on Patent Eligibility of Claims Directed to Restricting Access to Computer Files

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more

Lewis Roca

Patent Protection for Entertainment Software Inventions

Lewis Roca on

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of...more

Seyfarth Shaw LLP

Ambiguity Begets Ambiguity: A Legislative Attempt to Bring Clarity to Patentable Subject Matter May Bring More Confusion

Seyfarth Shaw LLP on

On August 2, 2022, Sen. T. Tillis introduced the Patent Eligibility Restoration Act (S.4734) in an effort to clarify which inventions are actually patentable and to codify those that are not. Since the Supreme Court handed...more

McDonnell Boehnen Hulbert & Berghoff LLP

The EFF is Patently Wrong

The Electronic Frontier Foundation (EFF) is at it again, gaslighting the public in its ongoing crusade against patents.  While the EFF does perform some commendable work, mostly in the areas of individual privacy rights, its...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

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Worried About Alice

Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...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

McDonnell Boehnen Hulbert & Berghoff LLP

Could Alice Be Used to Invalidate Diehr? Of Course It Could

The Supreme Court's Alice Corp. v. CLS Bank Int'l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective. As a consequence, the validity of particular types of inventions,...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

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

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

McDonnell Boehnen Hulbert & Berghoff LLP

Barbaro Technologies, LLC v. Niantic, Inc. (N.D. Cal. 2020)

Claims for an Interactive 3D Virtual Environment Found Patent Ineligible - In the field of computer gaming, the U.S. District Court for the Northern District of California recently granted Defendants' Rule 12 motion...more

Foley & Lardner LLP

Adjusting to Alice: USPTO Report analyzes patent examination outcomes after Alice Corp. v. CLS Bank International

Foley & Lardner LLP on

Software-related patent applications have been in a legal flux for a number of years, with a lack of clarity and predictability over what exactly qualifies as patent eligible subject matter. Many technology enterprises have...more

Holland & Knight LLP

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

Holland & Knight LLP on

The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Jones Day

Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion

Jones Day on

Despite the prohibition on patenting “abstract ideas” and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Troutman Pepper

Congress Sets The Stage To Expand Patent Eligibility For Computer-implemented Inventions

Troutman Pepper on

Senators from both sides of the aisle expect to introduce a final bill this summer that could significantly improve the prospects for patent applicants with software and business method inventions. Congress recently held...more

Fish & Richardson

Patenting Software: A Case Study in Overcoming Alice

Fish & Richardson on

In 2014, the United States Supreme Court handed down its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, which significantly altered the patentability of software, business methods,...more

Knobbe Martens

Sri International, Inc. v. Cisco Systems, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...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

Sunstein LLP

January 2019 IP Update - PTO Director Iancu Launches Bold Initiative to Resolve Uncertainty in Patent Eligibility Determinations

Sunstein LLP on

In a notice of proposed rulemaking announced January 4, 2019 and published in the Federal Register on January 7, 2019, Director Andrei Iancu of the Patent and Trademark Office has seized the initiative in proposing clear...more

Knobbe Martens

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on

Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Chambliss, Bahner & Stophel, P.C.

Software Patents Get a Lifeline

Recent USPTO Guidance Offers Insight for Software Patent Eligibility - By now most of you have probably heard that "software patents" and "software patent applications" have had a rough time for the past 4 ½ years. Some of...more

K&L Gates LLP

USPTO Clarifies Alice/Mayo Step 2A With New Patent Subject-Matter Eligibility Guidance

K&L Gates LLP on

For the last several years, a major part of prosecuting software-related patents at the U.S. Patent and Trademark Office (“USPTO”) has been dealing with the USPTO’s inconsistent interpretation of patent subject-matter...more

Bradley Arant Boult Cummings LLP

Federal Circuit Affirms Rejection of Broad, Computer-Based Claims

As we’ve covered in other summaries, the Federal Circuit continues to define the line between computer-implemented claims that are patent ineligible under 35 U.S.C. § 101 for being directed to an abstract idea with no...more

McDermott Will & Emery

Specific Functions Improving Computer Technology Are 101-Eligible, Unconventionality Not Required

McDermott Will & Emery on

In two recent decisions, judges of the US Court of Appeals for the Federal Circuit expounded on the standards under which software-related patent claims are subject matter eligible under 35 USC § 101. Ancora Techs. v. HTC...more

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