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Motion to Dismiss Section 101 United States Patent and Trademark Office

Foley & Lardner LLP

Alice Patent Eligibility Analysis Divergance before USPTO and District Court: Federal Circuit Clarifies Limits on Relying on USPTO...

Foley & Lardner LLP on

In our prior article, we discussed instances in which the U.S. Patent and Trademark Office (USPTO) and the district courts made different findings with regard to patent eligibility under 35 U.S.C. § 101. A recent...more

Sheppard Mullin Richter & Hampton LLP

Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101

This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background - Sanderling asserted three patents sharing a common...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

Plausible and Specific Factual Allegations That Aspects of a Claim Are Inventive Are Sufficient to Defeat a Motion to Dismiss for...

Knobbe Martens on

CELLSPIN SOFT, INC. V. FITBIT, INC. ET AL. Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: While not all factual allegations that are...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

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