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Patent-in-Suit Section 101 Patent Litigation

Alston & Bird

Patent Case Summaries | Week Ending June 13, 2025

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Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna....more

McDonnell Boehnen Hulbert & Berghoff LLP

Stanford Asks Supreme Court to Revisit Subject Matter Eligibility on Diagnostic Claims

"Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Akin Gump Strauss Hauer & Feld LLP

District Court Dismisses Infringement Claims Because the Patent Recited a Patent-Ineligible Method for Real-Time Billable Time...

Judge Engelmayer in the Southern District of New York recently granted a motion to dismiss the complaint because the patent-in-suit is directed to patent-ineligible subject matter under 35 U.S.C. § 101. The patent is directed...more

Fox Rothschild LLP

Judge Stark Denies Defendant’s Motion to Dismiss Under 35 U.S.C. § 101 After Finding Patent-in-Suit Is Not Directed to an Abstract...

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By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc., Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to...more

Fox Rothschild LLP

Judge Andrews Grants Defendant’s Motion To Dismiss After Finding The Asserted Claims Of The Patents-In-Suit Are Patent-Ineligible...

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to...more

Alston & Bird

Patent Case Summaries

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

Robins Kaplan LLP

Endo Pharms. Inc. v. Teva Pharms. USA, Inc.

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Case Name: Endo Pharms. Inc. v. Teva Pharms. USA, Inc., C.A. No. 17-1240, 1455, 1887, 2019 U.S. App. LEXIS 9189 (Fed. Cir. Mar. 28, 2019)....more

Fox Rothschild LLP

Chief Judge Stark Grants Defendants’ Motion To Dismiss In Part After Finding Two Of The Patents-In-Suit Are Directed To...

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By Memorandum Opinion entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S et al., Civil Action No. 17-1646-LPS-CJB (D.Del. September 7, 2018) and Align Technology, Inc. v. 3Shape A/S et al.,...more

Patterson Belknap Webb & Tyler LLP

Successful Section 101 Motion to Dismiss: Digital Ad Delivery Is Abstract Concept

On March 1, 2018, United States District Judge Paul A. Engelmayer (S.D.N.Y.) granted defendants’—Charter Communications, Inc. and Spectrum Management Holding Company, LLC (together, “Charter”)—motion to dismiss a patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Integrated Technological Systems, Inc. v. First Internet Bank of Indiana (E.D. Tex.)

Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter - In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank...more

Morris James LLP

Dismissal Due To Unpatentable Subject Matter Is Denied Without Prejudice

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Sleet, J. Defendant’s motion to dismiss for patent ineligible subject matter under section 101 is denied without prejudice. Defendant asserts that a representative claim discloses a method of providing a radio...more

Morris James LLP

One Of The Patents-In-Suit Is Dismissed As Patent Ineligible

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Defendant seeks to dismiss one of the seven patents-in-suit. The disputed technology relates to managing electronic community interest or community information preference. Defendant argues under Alice that the asserted claims...more

Fish & Richardson

Federal Circuit Once Again Finds That a Functional Claim Term is Indefinite Even Without the Use of “Means.”

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On July 28, 2016, the Federal Circuit issued its opinion in Advanced Ground Information Systems v. Life360, Inc., affirming the district court’s decision that the asserted patent claims are indefinite. This opinion is notable...more

Morris James LLP

Stay Pending Resolution Of Motion For Judgment On The Pleadings Is Denied

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Declaratory judgment plaintiff seeks a stay pending resolution of its motion for judgment on the pleadings. It contends that 23 contested claims from 3 patents-in-suit are not patent-eligible pursuant to section 101. With...more

Morris James LLP

Patent Is Invalid Under Alice

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The patent-in-suit is directed to redeeming discount offers by associating a machine-readable code with identifying items to be offered at a discount. Defendant asserts that the technology is patent ineligible under Alice....more

Mintz - Intellectual Property Viewpoints

Judge Gilstrap awards Section 285 fees where Plaintiff’s Section 101 positions cross the “threshold of exceptionality.”

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more

Morris James LLP

Magistrate Recommends Dismissal Based Upon Unpatentable Subject Matter

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The disputed technology relates to applications used particularly in the airline industry. Defendants allege the patents-in-suit are invalid for unpatentable subject matter under § 101. The court finds that the...more

Foley & Lardner LLP

Third Time Is the Charm for WildTangent Challenge of Patent Eligibility of Ultramercial Patent

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In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more

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