News & Analysis as of

Motion to Dismiss CLS Bank v Alice Corp Patent Infringement

Hudnell Law Group

Federal Circuit Issues First Word on AI Patent Eligibility

Hudnell Law Group on

On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v....more

Akin Gump Strauss Hauer & Feld LLP

District Court Denied Rule 12(b)(6) Motion Based on Section 101 Because Additional Facts and Claim Construction Would Provide...

While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Teaching...

The Federal Circuit recently affirmed a district court’s dismissal because the claims directed to an interactive video game for learning to play guitar were patent-ineligible under 35 U.S.C. § 101. In its ruling, the court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc USA, Inc. v. LG Electronics USA, Inc. (Fed. Cir. 2020)

Uniloc, owner of U.S. Patent No. 6,993,049, brought an action for infringement of that patent against LG in the Northern District of California.  The District Court granted LG's motion to dismiss on the pleadings, agreeing...more

Benesch

Curver reaffirms Alice Analogue for Design Patents

Benesch on

In Curver Luxembourg, SARL v. Home Expressions Inc. (No. 2018-2214, Fed. Cir. Sept. 12, 2019), the Federal Circuit affirmed the dismissal of a design patent infringement suit that alleged infringement of U.S. Des. Pat. No....more

Holland & Knight LLP

D. Delaware Invalidates Patent Directed to Onsite Data Backup; Discusses Role of Evidence, USPTO and Preemption

Holland & Knight LLP on

The District of Delaware recently found a patent directed to onsite data backup to be abstract and ineligible for patent protection. The court's discussion went beyond the standard Alice inquiry, and touched on the roles of...more

Knobbe Martens

Federal Circuit Review - April 2019

Knobbe Martens on

Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

McDermott Will & Emery

Is Invention “Directed to” an Abstract Idea? Look to the Specification

McDermott Will & Emery on

Addressing the various factors a court may consider in order to determine whether a claim is “directed to” an abstract idea, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of all claims...more

Knobbe Martens

ENDO Pharmaceuticals Inc. v. TEVA Pharmaceuticals USA, Inc.

Knobbe Martens on

Before Wallach, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims directed to a specific method of treatment for specific patients using a specific compound...more

Knobbe Martens

Chargepoint, Inc. v. Semaconnect, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the District of Maryland. Summary: An abstract idea cannot be used to supply an inventive concept that renders a claim...more

Knobbe Martens

Nike's Shoe Patents Outrun Puma's Challenge

Knobbe Martens on

On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...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

PurePredictive, Inc. v. H2O.AI, Inc.: Northern District of California Invalidates Machine Learning Claims Under Section 101

Knobbe Martens on

Machine learning is one of the fastest growing categories of granted patents[1].  However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been...more

Vedder Price

Overcoming Early Alice Rejections in Litigation

Vedder Price on

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

Mintz - Intellectual Property Viewpoints

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

Jones Day

District Court Considers IPR In Deciding Alice Motion

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

Patterson Belknap Webb & Tyler LLP

Judge Forrest Vacates Judge Scheindlin’s Prior Decision Invalidating TiVo Patents Under § 101

On November 29, 2016, District Judge Katherine B. Forrest (S.D.N.Y.) vacated the February 22, 2016 decision of Judge Shira A. Scheindlin, which had granted a motion to dismiss, brought by alleged infringers TNS Media...more

Akin Gump Strauss Hauer & Feld LLP

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Proskauer - New England IP Blog

In Autoimmune Disorder Diagnosis Patent Case, Section 101 Motion to Dismiss Denied

In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due to patent ineligibility under 35 U.S.C. § 101 . In...more

Seyfarth Shaw LLP

Computerized Price Quote Patent Held Invalid Under §101

Seyfarth Shaw LLP on

Alice is clear that inventions drawn to automating well-known concepts are not patent-eligible. However, this area of the law becomes a bit murky when the automated concept is one that involves concrete or physical devices....more

McDonnell Boehnen Hulbert & Berghoff LLP

Oxford Immunotec Ltd. v. Qiagen, Inc. (D. Mass. 2016)

Magistrate Recommends That Defendants' Motion to Dismiss Be Allowed for Kit Claims and Denied for Method Claims - Last month, in Oxford Immunotec Ltd. v. Qiagen, Inc., Magistrate Judge Donald L. Cabell of the U.S....more

Patterson Belknap Webb & Tyler LLP

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Shortridge v. Foundation Construction Payroll Service, LLC (Fed. Cir. 2016)

Douglas M. Shortridge, the named inventor of U.S. Patent No. 8,744,933, sued Foundation Construction Payroll Service, LLC ("Foundation") for infringement thereof in the U.S. District Court for the Northern District of...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re TLI Communications LLC Patent Litigation (Fed. Cir. 2016)

This case is notable mainly because it is the first Federal Circuit decision to distinguish itself from Enfish LLC v. Microsoft Corp., and also because it is another reminder that the wall between patentable subject matter,...more

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