News & Analysis as of

Motion to Dismiss Patent Infringement Patent-Eligible Subject Matter

Patterson Belknap Webb & Tyler LLP

Not for the Faint of Heart: Magistrate Judge Wicks Recommends Dismissal of Heart Monitoring Patent Case for Failure to Join a...

United States Magistrate Judge James M. Wicks (E.D.N.Y.) recommended that Defendant Apple Inc.’s (“Apple”) motion to dismiss Plaintiff Joseph Wiesel’s (“Wiesel”) action for infringement of U.S. Patent No. 7,020,514 (the “’514...more

Hudnell Law Group

Federal Circuit Issues First Word on AI Patent Eligibility

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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

Patterson Belknap Webb & Tyler LLP

A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

On January 3, 2025, District Judge Jesse M. Furman granted Defendant Trustpilot, Inc.’s (“Trustpilot”) Motion to Dismiss Linfo IP, LLC’s (“Linfo”) complaint alleging that Trustpilot directly and indirectly infringed U.S....more

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

A&O Shearman on

In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

A&O Shearman

Federal Circuit Upholds Invalidation Of Photo-Tagging Patents Under 35 U.S.C. § 101 And Alice/Mayo

A&O Shearman on

On September 17, 2024, Judges Taranto, Chen and Cunningham of the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the invalidation of a patent belonging to Angel Technologies Group, LLC and dismissed...more

Knobbe Martens

Federal Circuit Review | August 2024

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Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

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In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

Knobbe Martens

Specify the Steps of Information Manipulation or Lose under § 101

Knobbe Martens on

Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite result-orientated, functional language without specifying the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more

McDermott Will & Emery

Invoking Generic Need for Claim Construction Won’t Avoid § 101 Dismissal

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more

Patterson Belknap Webb & Tyler LLP

Picking an Outfit Is Not Patentable: Judge Aaron Recommends Invention Ineligible Under Section 101

On February 21, 2023, United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recommended that Defendant FindMine, Inc.’s (“FindMine”) motion to dismiss the complaint of Plaintiff Stylitics, Inc. (“Stylitics”) be granted...more

Knobbe Martens

Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims

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WEISNER v. GOOGLE LLC - Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary: The specific implementation of an abstract idea, such as improving...more

Morrison & Foerster LLP

Northern District of California Continues its Saga with § 101 Challenges

In a dispute related to technologies covering instant messaging systems, Ginegar LLC (“Ginegar”) sued Slack Technologies, Inc. (“Slack”) for infringing two of its patents. Slack moved to dismiss under Rule 12(b)(6), arguing...more

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

Knobbe Martens

Free Stream Gets Caught in the Section 101 Sandbox

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FREE STREAM MEDIA CORP. v. ALPHONSO INC. Before Judges Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Patent claims were directed to an abstract...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...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

Holland & Knight LLP

D. Delaware Awards Attorneys' Fees Due To Weak Section 101 Arguments, Patent Litigation Conduct

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CompanyCam moved to dismiss plaintiff's complaint because the asserted '872 patent, titled "Device and Method for Embedding and Retrieving Information in Digital Images," was directed to ineligible subject matter. The U.S....more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...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

Holland & Knight LLP

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

Holland & Knight LLP on

Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more

Holland & Knight LLP

SDNY: Collateral Estoppel Halts Social Media Patent Case

Holland & Knight LLP on

In late 2018, Plaintiff NetSoc sued Chegg in the U.S. District Court for the Southern District of New York (SDNY), alleging infringement of a patent directed to "establishing and using a social network to facilitate people in...more

Bradley Arant Boult Cummings LLP

Federal District Court Finds Claims Directed to Dog Chew Toy Patent Eligible

Few subjects have drawn as much interest among patent stakeholders and practitioners as understanding the framework used to determine a patent claim’s eligibility. Courts continue to address different factual situations in...more

Holland & Knight LLP

S.D.N.Y.: Money Transfer Patent Directed to Patent-Ineligible Subject Matter

Holland & Knight LLP on

Western Express Bancshares (WEB) alleged that Green Dot’s sale of debit cards infringed WEB’s patent, which was directed to a method of transferring money through a bank card where (1) the card was linked to a bank account,...more

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