News & Analysis as of

Judgment on the Pleadings Patent-Eligible Subject Matter CLS Bank v Alice Corp

McDonnell Boehnen Hulbert & Berghoff LLP

XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)

Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)

Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261.  The claim recites...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

SAP America, Inc. v. Investpic LLC

Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas. Summary: Claims may be determined patent ineligible on the pleadings...more

Jackson Walker

The Facts in the “Abstract”

Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Proskauer - New England IP Blog

Some Cardiac Monitoring Patents Beat Alice Challenge, While Others Fail to Survive

In the time since Alice changed the landscape of patent eligibility for certain types of inventions, the Federal Circuit has begun pumping out opinions interpreting this landmark Supreme Court case. The expanding body of law...more

Proskauer - New England IP Blog

Mobile Payment Patent Remains Legal Tender after Alice Challenge

In the post-Alice world, patents that relate in any material way to financial processes or systems have come under increased attacks in the early stages of infringement litigation—as defendants aim to secure a cheap and fast...more

Fenwick & West LLP

MAZ Encryption Technologies: The Proper Way to Decide a Rule 12(c) Motion for Ineligible Subject Matter

Fenwick & West LLP on

Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Motio, Inc. v. BSP Software LLC (E.D. Tex. 2016)

The fallout from the Supreme Court's Alice Corp. v. CLS Bank Int'l case continues to reshape the landscape of patent-eligibility. Despite guidance from the USPTO, patentees still struggle with what exactly is patent-eligible...more

Womble Bond Dickinson

Court Recognizes Alice Decision Potentially Impacts Case by Allowing Late Motion for Judgment on Pleadings

Womble Bond Dickinson on

Mobile Telecommunications Technologies, LLC (“Mobile”), initiated a patent infringement case against United Parcel Service, Inc. (“UPS”), in 2012 on U.S. Patent No. 5,786,748 on a method and apparatus for giving notification...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - March 2015

DISTRICT COURT CASES - Case Deemed Exception Where Patentee’s Infringement Read Contradicted a Prior Claim Construction Order of Related Patents in a Prior Litigation - After construing a critical disputed claim...more

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