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Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

AEON Law

Patent Poetry: Federal Circuit: “Improving User Experience” Isn’t Patentable

AEON Law on

The Federal Circuit has affirmed a lower court decision that patent claims for methods and systems for improving how search results are displayed to users are patent-ineligible. The case is IBM Corp. v. Zillow Group, Inc....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The Domination of Cybersecurity

Key takeaway: Despite the Supreme Court’s recent pronouncement of patent-eligible subject matter, cybersecurity innovation will remain an active area for intellectual property protection through the patent application and...more

ArentFox Schiff

Patenting AI: How US Patent System Evolves To Keep Up With the AI Revolution

ArentFox Schiff on

The rise of artificial intelligence (AI) applications in recent years has been accompanied by a surge in patent filings by AI developers. But like many other emerging technologies before it, AI inventions face patent...more

Holland & Knight LLP

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

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The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Holland & Knight LLP

Patent Directed to Method of Payment Processing in Sales Transactions Found Abstract

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AuthWallet asserted a patent directed to methods and systems for processing financial transaction data against Block. Specifically, the claims outline a method for processing financial transaction data using authorization...more

Holland & Knight LLP

Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

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In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #3

PersonalWeb Technologies LLC v. Google LLC, Appeal Nos. 2020-1543, -1553, -1554 (Fed. Cir. Aug. 12, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s judgment on the pleadings that...more

Holland & Knight LLP

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

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The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

Holland & Knight LLP

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

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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

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Patents

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2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

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Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

Foley & Lardner LLP

A Patent-Eligible Diagnostic Method Claim

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On Friday I will be speaking at the AUTM Eastern Regional Meeting, on a panel discussing patent eligibility issues for life sciences inventions. My topic relates to what the USPTO refers to as “nature-based products,” but...more

King & Spalding

Federal Circuit Continues Trend of Finding Diagnostic Inventions to Be Patent-Ineligible

King & Spalding on

On August 9, 2019, the Federal Circuit issued a public opinion in Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH & Co. KG, finding claims directed to methods for detecting a genetic marker for a canine hereditary disease...more

Foley & Lardner LLP

Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

Foley & Lardner LLP on

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the...more

Foley & Lardner LLP

Only The Law Is Hazy For CBD Patent Eligible Under Section 101

Foley & Lardner LLP on

In United Cannabis Corp. v. Pure Hemp Collective, Inc., Judge Martinez of the U.S. District Court for the District of Colorado determined that UCANN's CBD patent was not invalid under 35 USC § 101. The court reached its...more

WilmerHale

USPTO Issues Revised Patent Subject Matter Eligibility Guidance and Guidance for Examining Computer-Implemented Functional Claims...

WilmerHale on

The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more

McDermott Will & Emery

No Ticket to Ride for Transit-Limited Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court ruling that claims directed to the specific field of mass transit were directed to patent-ineligible subject matter under 35 USC § 101 because they...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post: Regnoicorp -- A Miscarriage of Justice Calling for En Banc Reconsideration

Study of the background to Recognicorp, LLC v. Nintendo Co. (Fed. Cir. 2017), the subject of Michael Borella's earlier posting, reveals basis for his concerns about lack of analysis of the detailed disclosure of the...more

Morrison & Foerster LLP

Is there a legislative fix for biotech patents?

By some accounts, we have entered a golden age for innovation in personalised medicine. Through scientific advancements in the study of genetic coding and molecular analysis, it is now possible to screen an individual for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Itagaki and Nishihara (PTAB 2016)

A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37...more

McDonnell Boehnen Hulbert & Berghoff LLP

Mobile Telecommunications Technologies, LLC v. United Parcel Service, Inc. (N.D. Ga. 2016)

Message Exchange Patent Held Invalid under Section 101 - Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Recent Software Case Gives Important Lessons for Biotech

On September 13, the Federal Circuit held that a series of ordered combination of steps related to lip-synch software did not constitute an abstract idea, and was subsequently patent eligible under §101 (McRO, Inc. v. Bandai...more

McDermott Will & Emery

Incomplete Preemption Does Not Result in Patent-Eligible Subject Matter

McDermott Will & Emery on

In a final written decision of a covered business method (CBM) patent review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged claims unpatentable on multiple grounds and clarified that, for the purpose...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2016) - Just When You Thought the Federal Circuit Was Softening...

Intellectual Ventures I LLC ("IV") sued Symantec Corp. and Trend Micro (defendants) for infringement of various claims of three U.S. Patents (Nos. 6,460,050; 6,073,142; and 5,987,610). The District Court held the asserted...more

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