News & Analysis as of September 26, 2024

Covered Business Method Patents

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

And Again, Abstract Ideas are Not Patentable!

Weintraub Tobin on 3/1/2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023)...more

[Webinar] The Weird And Evolving Landscape Of Software And Business Method Patent Eligibility - March 9th, 10:00 am - 11:15 am CST

McDonnell Boehnen Hulbert & Berghoff LLP on 2/28/2023

The interpretation of 35 U.S.C. 101 has been in flux for over a decade. Please join MBHB Partner Michael Borella, Ph.D., as he discusses its latest iteration, how patent eligibility is currently viewed by the USPTO and...more

PTAB Strategies and Insights - June 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/25/2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

USPTO Addresses Filing Delays Caused by the Impact of COVID-19

Seyfarth Shaw LLP on 4/2/2020

While much of the focus of the Coronavirus Aid, Relief, and Economic Security (CARES) Act relates to economic stimulus, the Act also granted temporary authorization to the Director of the United States Patent and Trademark...more

Latest Federal Court Cases - March 2020

Schwabe, Williamson & Wyatt PC on 3/11/2020

PATENT CASE OF THE WEEK - GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) - In this week’s Case of the Week, the Federal Circuit affirmed a district court’s...more

What is an Abstract Idea, Anyway?

McDonnell Boehnen Hulbert & Berghoff LLP on 3/3/2020

In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case." Instead, he found the claims of patentee Alice...more

Speech Recognition Patent Invalidated on Multiple Grounds in CBM Review

Jones Day on 10/24/2019

The Patent Trial and Appeal Board (“PTAB”) recently issued a Final Written Decision in favor of Comcast Cable Communications, LLC (“Comcast”) and against Promptu Systems Corporation (“Promptu”) in a covered business method...more

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on 1/29/2019

Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Global Patent Prosecution Newsletter - October 2018: How To Do The Two-Step In The United States: The Current State of...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/12/2018

In the wake of the Supreme Court’s Mayo and Alice decisions, uncertainty has surrounded what inventions are patent eligible in the United States. In Mayo and Alice, the Supreme Court developed a two-step test to determine...more

Overcoming Early Alice Rejections in Litigation

Vedder Price on 4/25/2018

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

Two-step analysis to assist in determining patent eligibility

McAfee & Taft on 4/3/2018

Napoleon Hill once famously said, “Whatever the mind of man can conceive and believe, it can achieve.” However, what the mind of man can conceive is not necessarily patentable. Courts have long held that laws of nature,...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 2/1/2018

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Guide to the U.S. Patent Office’s Materials on Subject Matter Eligibility

Knobbe Martens on 10/12/2017

Since 2014, the USPTO has periodically issued examination guidance, analysis examples, and other insights to guide evaluation of patent subject matter eligibility under 35 U.S.C. § 101. These documents are available on the...more

Surviving Alice with an Appeal

Fenwick & West LLP on 9/21/2017

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

Recent Developments In Patent Law May 17, 2017

Schwabe, Williamson & Wyatt PC on 5/30/2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

U.S. Patent Office Provides Additional Examples of Eligible Subject Matter

Knobbe Martens on 3/25/2017

After the Supreme Court case of Alice v. CLS Bank in 2014, the Patent Office has issued a series of examination guidelines and examples to guide examiners and patent practitioners in determining patent eligible subject...more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part II

McDonnell Boehnen Hulbert & Berghoff LLP on 1/23/2017

As discussed in a previous article, the U.S. Patent and Trademark Office recently published new subject matter eligibility examples directed to the abstract idea exception to patentability under 35 U.S.C. § 101. These...more

Covered Business Methods Patents — Not So Broad!

Weintraub Tobin on 1/13/2017

The Federal Circuit Court of Appeals has reminded the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in no uncertain terms that covered business method review has limits. In Unwired Planet, LLC v....more

Gust, Inc. v. Alphacap Ventures, LLC (S.D.N.Y. 2016); O2 Media, LLC v. Narrative Science Inc. (N.D. Ill. 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on 1/11/2017

The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine...more

Alice Brings a Mix of Gifts For 2016 Holidays

Fenwick & West LLP on 12/27/2016

Like the odd aunt whose holiday gifts can range from the wonderful to the recyclable, in 2016 Alice brought both good and bad tidings. Let’s start with the nice ones....more

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

Fenwick & West LLP on 12/3/2016

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?

Morrison & Foerster LLP on 11/23/2016

Earlier this week, the Federal Circuit narrowed the types of patents eligible for covered business method (CBM) review. In Unwired Planet, LLC v. Google Inc., Case No. 15-1812, (Fed. Cir. Nov. 21, 2016) (“Unwired Planet”),...more

AliceStorm Update for October 2016

Fenwick & West LLP on 10/20/2016

The Federal Circuit's recent decision in McRO has been interpreted by many in the patent community as a further signal that the so-called "pendulum" is swinging back to a more favorable position for patentees. There is some...more

September Was a Good Month for Patent Eligibility in the District Courts

McDonnell Boehnen Hulbert & Berghoff LLP on 10/17/2016

Anecdotally, there seems to be a loosening up regarding the application of § 101 by the District Courts. The 2014 Supreme Court decision in Alice Corp. v. CLS Bank Int'l has been referred to as sounding a death knell for...more

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Patent-Eligible Subject Matter › United States Patent and Trademark Office › Covered Business Method Patents

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