News & Analysis as of

Judgment on the Pleadings Patent Litigation Section 101

Knobbe Martens

Improvements to Operation of an Apparatus Were Not Abstract

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XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...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

McDonnell Boehnen Hulbert & Berghoff LLP

Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Last month, in Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of New Jersey finding certain claims of U.S. Patent...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

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Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

McDermott Will & Emery on

Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more

Holland & Knight LLP

Fed. Cir. Agrees: Patent Directed to Monitoring Baggage Delivery is an Invalid Abstract Idea

Holland & Knight LLP on

Earlier this month, the Federal Circuit affirmed another District of Delaware decision without a written opinion. The Delaware decision, from January 2019, granted Roadie, Inc.'s motion for judgment on the pleadings, finding...more

Knobbe Martens

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

Knobbe Martens on

MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

McDermott Will & Emery

A Special “Treatment” for Patent Eligibility

McDermott Will & Emery on

Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more

Knobbe Martens

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated...

Knobbe Martens on

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of...more

Knobbe Martens

Federal Circuit Review - September 2018

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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

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - October 2018 #3

PATENT CASE OF THE WEEK - Data Engine Technologies, LLC v. Google LLC, Appeal No. 2017-1135 (Fed. Cir. Oct. 9, 2018) - In one of two Section 101 cases this week, the Federal Circuit affirmed-in-part, reversed-in-part, and...more

Knobbe Martens

Data Engine Technologies LLC v. Google LLC

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Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A claim that recites a specific method for navigating through...more

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Icon Health & Fitness, Inc. v. Polar Electro Oy (D. Utah 2017)

Claims Lacking Details Found to be Directed to Patent-Ineligible Subject Matter - In the U.S. District Court for the District of Utah (Central Division), Polar filed a motion for judgment on the pleadings contending that...more

Morris James LLP

Disputed Computer Technology Claims Are Held Unpatentable

Morris James LLP on

The disputed technology relates to a data transmission processing. The patent is challenged as containing unpatentable subject matter under § 101. The court observes that § 101 jurisprudence has evolved after Alice from...more

Morris James LLP

Alice Challenge Fails But May Be Renewed Later

Morris James LLP on

The disputed technology relates to methods and systems for remote ordering of products. The court held a Markman hearing and issued a claim construction opinion prior to issuing this opinion. Argument on patent eligibility...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2015 #3

DISTRICT COURT CASES - District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 - On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more

Morris James LLP

Judgment On The Pleadings Of Validity Is Granted

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Andrews, J. Defendants’ motions for judgment on the pleadings of invalidity pursuant to section 101 are denied. Plaintiff’s motion for judgment on the pleadings of validity pursuant to section 101 is granted....more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2015

DISTRICT COURT CASES - Patent Directed to Online Auction Held Invalid Under § 101 - A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more

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