News & Analysis as of

Section 101

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Judgment on the Pleadings Because the Patents Recited Patent-Ineligible Mathematical Techniques Executed in...

Judge Orrick in the Northern District of California recently granted a motion for judgment on the pleadings that the asserted claims are invalid for claiming patent-ineligible subject matter under 35 U.S.C. § 101. The...more

Manatt, Phelps & Phillips, LLP

Improved Method for Overcoming Hacking by Turning On and Off Authentication Held Patent Eligible

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible. The court held...more

Holland & Knight LLP

Patent Claiming Mapping Gemstones to Blockchain Invalid Under Section 101

Holland & Knight LLP on

In a recent case decided by the U.S. District Court for the Southern District of New York, the plaintiff, Max Rady, alleged that he developed a method to "record to a blockchain the individual identification signatures of...more

Akin Gump Strauss Hauer & Feld LLP

ALJ Finds Polycrystalline Diamond Compact Claims Patent Ineligible Because They Recite Conventional Structure Combined with...

Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline...more

Kramer Levin Naftalis & Frankel LLP

First District Court Decision on Blockchain Technology Patent Eligibility

We have an update to our previous article, as the court in Rady v. Boston Consulting Group, LLC found that a patent directed to blockchain technology covered patent ineligible subject matter under the Alice test for 35 U.S.C....more

Quinn Emanuel Urquhart & Sullivan, LLP

Lead Article: U.S. District Judge Alan Albright Grants First Two Section 101 Motions

Since his appointment in 2018, U.S. District Judge Alan Albright of the Western District of Texas has become one of the Nation’s most influential judges for patent litigation. Last December, he granted his first two motions...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

McDermott Will & Emery

European Commission Seeks Comments on Revised Horizontal Guidelines Draft

On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Snell & Wilmer

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

Snell & Wilmer on

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more

Dunlap Bennett & Ludwig PLLC

Is the Legal Tide Ebbing on Abstract Idea Rejections?

Applicants for a new United States (US) nonprovisional application or National Stage Entry application may see a new form paragraph in their first Office Action between now and the end of July. The United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Repifi Vendor Logistics, Inc. v. Inellicentrics, Inc. (Fed. Cir. 2022)

There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching.  One party has claims that recite an invention.  The other party characterizes those claims at a high level or...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

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping Patent Law

McDermott Will & Emery on

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is...more

Holland & Knight LLP

Federal Circuit: Failure to Preserve Key Argument Blunts Section 101 Eligibility Appeal

Holland & Knight LLP on

In Travel Sentry, Inc. v. Tropp, 2022 WL 443202 (Fed. Cir. Feb. 14, 2022), Mr. Tropp alleged infringement of two of his related patents. The parties agreed at the U.S. District Court for the Eastern District of New York that...more

McDermott Will & Emery

Federal Circuit Tosses Shaw: IPR Estoppel Applies to All Claims, Grounds That Reasonably Could Have Been Raised

McDermott Will & Emery on

Addressing inter partes review (IPR) estoppel after the Supreme Court of the United States’ 2018 decision in SAS Institute, Inc. v. Iancu, the US Court of Appeals for the Federal Circuit overruled its decision in Shaw...more

McDonnell Boehnen Hulbert & Berghoff LLP

Mentone Solutions LLC v. Digi International Inc. (Fed. Cir. 2021)

Mentone sued Digi for alleged infringement of Mentone's U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware found the claims of the patent to be ineligible under 35 U.S.C. § 101. Mentone...more

Womble Bond Dickinson

Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations

Womble Bond Dickinson on

The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more

MoFo Life Sciences

Bioinformatics Patents – Subject Matter Eligibility In 2022

MoFo Life Sciences on

The increasing presence of data-driven solutions in the healthcare and life sciences sector is apparent from the rise in numbers of patents and patent applications. The number of published bioinformatics patents and patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2021: #4 to #6

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had...more

Holland & Knight LLP

U.S. Patent Office Introduces Deferred Subject Matter Eligibility Response Pilot Program

Holland & Knight LLP on

The U.S. Patent and Trademark Office (USPTO) has introduced its Deferred Subject Matter Eligibility Response Pilot Program, which will evaluate the effects of permitting applicants to defer responding to subject matter...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Announces Deferred Subject Matter Eligibility Response Pilot Program

On January 6, 2022, the U.S. Patent and Trademark Office announced a new program with the goal of increasing examiner efficiency.  The Deferred Subject Matter Eligibility Response (DSMER) Pilot Program will launch on February...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2021

Holland & Knight LLP on

It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually"). No. 3: More of...more

Sunstein LLP

Federal Circuit Jumps to Step Two To Rescue Authentication Patent

Sunstein LLP on

In Cosmokey Solutions Gmbh & Co. KG v. Duo Security LLC, on October 4, 2021, the Federal Circuit jumped straight to Step Two of the Supreme Court’s two-step method for determining patent eligibility and upheld a user...more

Akin Gump Strauss Hauer & Feld LLP

In IPR, No Collateral Estoppel Based on § 101 Ruling in District Court

A panel of the Patent Trial and Appeal Board instituted inter partes review of a patent, rejecting the patent owner’s assertion that the petitioner’s obviousness arguments were collaterally estopped by a district court’s...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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