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Patent Invalidity Patent-Eligible Subject Matter Abstract Ideas

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #2

Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms Summary Judgment in Precedential Opinion on Patent Claims Directed to Targeting Advertisements as...

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101. The court found that...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #2

Janssen Pharms., Inc. et al. v. Teva Pharm. USA, Inc. et al., Appeal Nos. 2022-1258, -1307 (Fed. Cir. April 1, 2024) In this week’s Case of the Week, the Federal Circuit vacated-in-part a district court’s bench trial...more

BakerHostetler

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

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The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

Holland & Knight LLP

Claim to High-Yield Enzymatic Production of Stevia Compound Held Invalid as Abstract Idea

Holland & Knight LLP on

Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter...more

Irwin IP LLP

Automating Without Innovating: Patents Held Invalid

Irwin IP LLP on

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more

Haug Partners LLP

Hantz Software LLC v. Sage Intacct, Inc.

Haug Partners LLP on

In Hantz Software, LLC, v. Sage Intacct, Inc.1, the Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of California to invalidate patents that are ineligible under...more

Haug Partners LLP

Got Markedly Different Milk?: The Federal Circuit Weighs in on 101 and Products of Nature

Haug Partners LLP on

In ChromaDex, Inc., v. Elysium Health, Inc., a Federal Circuit panel (“Panel”) contributed to the ongoing discussion on patent-eligible subject matter. The Panel affirmed the district court’s judgment that the asserted claims...more

WilmerHale

Federal Circuit Patent Watch: Patent claims found to lack patentable subject matter because they used “functional language, at a...

WilmerHale on

Precedential Federal Circuit Opinions - NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. [OPINION] (2020-2257, 10/17/2022) (Newman, Lourie, and Dyk) - Newman, J. The Court reversed a district court judgment that the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2022 #3

International Business Machines Corp. v. Zillow Group, Inc. et al., Appeal No. 2021-2350 (Fed. Cir. 2022) - In this week’s Case of the Week, the Federal Circuit affirmed a Rule 12(c) judgment on the pleadings that IBM’s...more

Holland & Knight LLP

U.S. District Judge: Method of Determining Webpage Visitor Intent Is Abstract

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In USC IP Partnership, L.P. v. Facebook, Inc., 2021 WL 6690275, U.S. District Judge Alan Albright of the U.S. District Court for the Western District of Texas found U.S. Patent No. 8,645,300 invalid under 35 U.S.C. §101...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Summary Judgment of Invalidity Because the Patent Recited a Patent-Ineligible Abstract Idea Executed in a...

Judge Orrick in the Northern District of California recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The court found that the claims recited the abstract...more

Bradley Arant Boult Cummings LLP

Another Gaming Patent Struck Down as Ineligible

Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Yu v. Apple (Fed. Cir. 2021)

When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics that it considered under the abstract idea exception were limited to types of financial transactions. ...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements

It is now over 10 years since the Bilski decision was handed down by the United States Supreme Court. In that decision and several other decisions that followed (i.e., Mayo, Myriad, and Alice), the Supreme Court pronounced...more

McDonnell Boehnen Hulbert & Berghoff LLP

Personalized Media Communications, LLC v. Apple, Inc. (E.D. Tex. 2021)

Signal Processing Claims for Decrypting Encrypted Information Found Patent Ineligible - Last week, the U.S. District Court for the Eastern District of Texas, Marshall Division ruled that Defendant Apple, Inc. (hereinafter...more

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? 

The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Finds Calculating Machine Ineligible

August 23, 1891 - WASHINGTON, DC - In a unanimous panel ruling, the Federal Circuit has found that the calculating machine of U.S. Patent No. 388,116 fails to meet the eligibility requirements of 35 U.S.C. § 101.  Inventor...more

Akerman LLP

ShoppersChoice: Federal Circuit Affirms Section 101 Rejection of Patent at Pleadings Stage – a Reminder for Patentees to Raise...

Akerman LLP on

The Federal Circuit recently affirmed a U.S. district court’s holding at the pleadings stage that claims of a delivery notification patent were invalid under 35 U.S.C. § 101. The case is Electronic Commc’n Tech., LLC v....more

McDonnell Boehnen Hulbert & Berghoff LLP

XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)

Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Rules Public Key Cryptography Algorithm Invalid Under 35 U.S.C. § 101

Note:  The below is a sarcastic parody, in the spirit of our earlier sarcastic parodies. WASHINGTON D.C., June 23, 1984.  In a unanimous decision, the Federal Circuit has ruled U.S. Patent No. 4,405,829 invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)

Introduction - Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789.  The District Court ruled that all three patents were valid...more

McDonnell Boehnen Hulbert & Berghoff LLP

Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)

Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261.  The claim recites...more

McDonnell Boehnen Hulbert & Berghoff LLP

Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Last month, in Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of New Jersey finding certain claims of U.S. Patent...more

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