News & Analysis as of

Computer-Related Inventions

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

The Tricky Art of Assessing Damages for Infringement of Software-Related Patents

What is it worth to be able to block employees from using social media while on the job? And how should one determine that value, exactly? While it might be easy to determine the value of a stand-alone invention, it is much...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Finjan Your Claims to Patent Eligibility

by Workman Nydegger on

On January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc. (Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018))....more

Automated Tracking Solutions, LLC v. The Coca-Cola Company

Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia. In a decision rendered...more

Factual Issues Underlying § 101 Analysis Can Preclude Dismissal Under Rule 12(b)(6)

In Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452 (Fed. Cir. Feb. 14, 2018), the Federal Circuit reversed-in-part and vacated-in-part the district court’s dismissal under Rule 12(b)(6), remanding to allow...more

Welcome to the Aatrix: Facts, Lots of Facts, Available for Eligibility Analyses?

by K&L Gates LLP on

Two recent Federal Circuit opinions suggest that factual questions and evidence may influence eligibility analyses under 35 U.S.C. § 101. These opinions may significantly change how both litigators and prosecutors handle §...more

Minimizing Risks Associated With Patent Subject Matter Eligibility

by LeClairRyan on

The Federal Circuit recently issued a trio of decisions relating to early motions seeking dismissal under 35 U.S.C. § 101 based on subject matter eligibility under the Supreme Court’s Alice decision. ...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

by Foley & Lardner LLP on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more

Federal Circuit Finds Fact Issues Bar § 101 Ruling, Jeopardizing Early Motion Strategy

by Orrick - IP Landscape on

Berkheimer v. HP Inc., Fed. Cir. (February 8, 2018) - Last Thursday, the Federal Circuit decided Berkheimer v. HP Inc. It ruled, for the first time, that a district court had engaged in improper fact finding when deciding...more

Another 101 Bites The Dust

In DCT Move, Inc. v. Real Estate Alliance, the CAFC affirmed the district court’s holding of invalidity of claims under 101. Here is the representative claim....more

Patenting Software Methods

by Snell & Wilmer on

Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more

App Display Given the OK (Under 101)

On January 25, 2018, the CAFC affirmed a district court’s denial of a motion for summary judgment for invalidity under 101 in Core Wireless Licensing v. LG Electronics, Inc, and found the claims to be directed to patent...more

Core Wireless Licensing v. LG Electronics: User Interfaces & Patent-Eligible Subject Matter

by Workman Nydegger on

On January 25, 2018 the Federal Circuit released its decision in Core Wireless Licensing v. LG Electronics. One of the issues was whether the asserted claims are directed to patent-eligible subject matter under 35 U.S.C. §101...more

Computer Interface Was Not an Abstract Idea

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., [2016-2684, 2017-1922] (January 25, 2018), the Federal Circuit affirmed the denial of summary judgment that, (1) claims 8 and 9 of U.S. Patent No. 8,713,476 and...more

That’s a Really Great (Non-Abstract) Idea!

On January 25, 2018, in Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit found a software invention to be patent eligible, holding that the claims are not directed to an abstract idea under step...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Federal Circuit "Blue Coat" Decision: Virus-Scanning Software Survives Alice Attack Applying "Enfish"

by Husch Blackwell LLP on

On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

More trouble for the embattled British PM Theresa May. We learned yesterday that Britain’s second-largest construction firm—Carillion—was forced into liquidation after amassing a staggering $1.35 billion in debt. The downfall...more

Finjan, Inc. v. Blue Coat Systems, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

Unclaimed Features Doom Patent Claims Under Section 101 Eligibility Analysis — Lessons from Two-Way Media

When claims are subject to the subject matter eligibility inquiry under 35 USC 101, details matter. In previous posts, the Patent 213 blog has stressed the need to provide details of the invention not only in the...more

Catch Me If You Can: Litigating Artificial Intelligence Patents

by Jones Day on

The Situation: Industry leaders are taking serious interest in artificial intelligence, which is the development of computer systems able to perform tasks that normally require human intelligence and judgment. The Impact:...more

District Court Considers IPR In Deciding Alice Motion

by Jones Day on

On November 20, 2017, a district court denied a defendant’s Federal Rules of Civil Procedure (“Rule”) 12(b)(6) motion that sought to dismiss the case on the ground that the asserted patents were ineligible under 35 U.S.C. §...more

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

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