Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications
Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software
On September 6, 2024, House Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA) to Congress. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced an...more
F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) - On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more
In cxLoyalty Inc. v. Maritz Holdings Inc., 986 F.3d 1367, 1380 (Fed. Cir. 2021), Patent No. 7,134,087 explained that loyalty programs often issue points to customers as a reward for certain activities and allow the customers...more
PATENT CASE OF THE WEEK - GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) - In this week’s Case of the Week, the Federal Circuit affirmed a district court’s...more
In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case." Instead, he found the claims of patentee Alice...more
United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more
Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more
Following guidance from the Federal Circuit, the PTAB has vacated a previous Board decision granting Covered Business Method review in Apple, Inc. v. Universal Secure Registry LLC (P.T.A.B. Dec. 3, 2018). The PTAB’s...more
Companies involved in mobile checking should watch case closely - The United States Automobile Association (USAA) owns a portfolio of patents aimed at mobile check deposit technology. One group of these patents is targeted...more
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary: The language “unobvious over the prior art” in...more
Last week, the Federal Circuit reversed a District of Minnesota decision and found a patent directed to a system and method for processing paper checks to be abstract and not eligible for patent protection. Judge Chen wrote...more
Is the little-used CBM patent review program the key to passage of § 101 legislation? Congress is currently considering legislation to drastically alter the patent eligibility statute, 35 U.S.C. § 101. The unabashed...more
Addressing the standard for qualifying as a covered business method (CBM) patent and the procedure for analyzing the claims of such patents under 35 USC § 101, the US Court of Appeals found that the challenged claims were...more
PATENT CASE OF THE WEEK - ThermoLife Int’l LLC v. GNC Corp., Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) - In an appeal from a district court decision, the Federal Circuit affirmed the district court’s...more
The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more
On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM...more
A Covered Business Method (“CBM”) patent review permits a petitioner to challenge a patent having claims “used in the practice, administration, or management of a financial product or service,” and that do not claim a...more
In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more
Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more
The Federal Circuit’s recent decision in Apple, Inc. v. Ameranth, Inc. highlights the potential impact of characterization of recited features as conventional, routine, generic, or known in the field without further...more
Like the odd aunt whose holiday gifts can range from the wonderful to the recyclable, in 2016 Alice brought both good and bad tidings. Let’s start with the nice ones....more
Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more
U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review - On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business...more
On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more