News & Analysis as of

Functionality Section 101

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

McDermott Will & Emery

Federal Circuit Reverses Judge Stark Decision, Finds Computer Network Patent Eligible

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that a representative claim was directed to a patent-eligible improvement to computer functionality, and therefore reversed a decision authored by Judge Leonard P....more

Sheppard Mullin Richter & Hampton LLP

Blockchain Patentability Through The Lens Of A Recent PTAB Decision

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In...more

Knobbe Martens

No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter

Knobbe Martens on

SIMIO, LLC V. FLEXSIM SOFTWARE PRODUCTS, INC. Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah. Summary: A claim whose only inventive concept is the applications...more

McDonnell Boehnen Hulbert & Berghoff LLP

Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020)

This decision is bad.  Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in the District of Utah for alleged infringement of its U.S. Patent No. 8,156,468.  FlexSim moved for dismissal on...more

Holland & Knight LLP

Remote Appliance Control Patent Compared to Pony Express, Invalid Under Section 101

Holland & Knight LLP on

Karamelion has asserted its two patents more than 40 times since the summer of 2018, typically settling the cases prior to a responsive pleading. This activity will have to go on hold, at least for the time being, as the U.S....more

McDonnell Boehnen Hulbert & Berghoff LLP

C R Bard Inc. v. AngioDynamics, Inc. (Fed. Cir. 2020)

One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim elements when evaluating claims under 35 U.S.C. § 101.  In Mayo v. Prometheus, it was stated...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part II

This article is Part II of a study on the patent eligibility of graphical user interfaces.  Part I was published yesterday.  We continue from where we left off, with overviews of a handful of Federal Circuit § 101 decisions...more

McDermott Will & Emery

Focusing on Functionality, Software Claims Found Patent Eligible

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that patent claims directed to a communication system were patent eligible under 35 U.S.C. § 101 because the claimed invention changes the normal operation of a...more

Holland & Knight LLP

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

Holland & Knight LLP on

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Knobbe Martens

Federal Circuit Judges Disagree Over Contours of Section 101

Knobbe Martens on

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered...more

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