News & Analysis as of

Section 101

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

by Foley & Lardner LLP on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more

The Master Review Form Provides Insight into How the U.S. Patent & Trademark Office Treats Eligible Subject Matter Rejections...

by K&L Gates LLP on

On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more

Factual Evidence of Conventionality May Be Required for Section 101 Findings

In Berkheimer v. HP Inc. (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the district court’s finding that certain claims of U.S. Patent No. 7,447,713—directed to digital processing and archiving in a digital asset...more

The MPEP Now Incorporates – and Expands Upon – § 101 Guidance

Since the Supreme Court decided Alice v. CLS Bank in June 2014, the USPTO regularly issues new memoranda explaining its implementation of the § 101 framework. This includes some of the more notable memos for prosecutors: the...more

Berkheimer v. HP Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: (1) Terms of degree, including “minimal,” may render claims...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Federal Circuit Finds Fact Issues Bar § 101 Ruling, Jeopardizing Early Motion Strategy

by Orrick - IP Landscape on

Berkheimer v. HP Inc., Fed. Cir. (February 8, 2018) - Last Thursday, the Federal Circuit decided Berkheimer v. HP Inc. It ruled, for the first time, that a district court had engaged in improper fact finding when deciding...more

Key Patent Decisions of 2017

by Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Another 101 Bites The Dust

In DCT Move, Inc. v. Real Estate Alliance, the CAFC affirmed the district court’s holding of invalidity of claims under 101. Here is the representative claim....more

The PTAB Chats Designs: And Now, for Something Completely Different

by Jones Day on

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

PTAB Enters Sua Sponte Patent Eligibility Rejections

by Foley & Lardner LLP on

We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be inconsistent with the USPTO’s Subject Matter Eligibility Guidance....more

Patenting Software Methods

by Snell & Wilmer on

Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more

App Display Given the OK (Under 101)

On January 25, 2018, the CAFC affirmed a district court’s denial of a motion for summary judgment for invalidity under 101 in Core Wireless Licensing v. LG Electronics, Inc, and found the claims to be directed to patent...more

Core Wireless Licensing v. LG Electronics: User Interfaces & Patent-Eligible Subject Matter

by Workman Nydegger on

On January 25, 2018 the Federal Circuit released its decision in Core Wireless Licensing v. LG Electronics. One of the issues was whether the asserted claims are directed to patent-eligible subject matter under 35 U.S.C. §101...more

Computer Interface Was Not an Abstract Idea

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., [2016-2684, 2017-1922] (January 25, 2018), the Federal Circuit affirmed the denial of summary judgment that, (1) claims 8 and 9 of U.S. Patent No. 8,713,476 and...more

Spotlight on Upcoming Oral Arguments – February 2018

In this appeal, the Federal Circuit has been asked to decide whether the district court abused its discretion in denying Adobe’s request for attorney’s fees under 35 U.S.C. § 285. Blue Spike argues that the district court...more

That’s a Really Great (Non-Abstract) Idea!

On January 25, 2018, in Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit found a software invention to be patent eligible, holding that the claims are not directed to an abstract idea under step...more

Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, O’Malley, and Wallach. Appeal from the Eastern District of Texas (Judge Gilstrap). Summary: Claims directed to summarizing and presenting information on display interfaces for...more

Federal Circuit Continues to Clarify Subject Matter Eligibility for Software Patents

by K&L Gates LLP on

Many software-related and business method-related patents have been invalidated for being directed to “abstract ideas.” On January 10, 2018, in Finjan, Inc., v. Blue Coat Systems, Inc., the Federal Circuit affirmed the...more

At The Bench: Patent Law 2017 Takeaways

Viability of Diagnostic Method Claims - Problem: It has become increasingly difficult to fend off validity challenges when asserting diagnostic method claims. Claims directed to methods of determining risk or disease...more

Third Time’s A Charm On § 101

by Orrick - IP Landscape on

Order Granting Defendant’s Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 101, Cave Consulting Group, Inc., v. Truven Health Analytics Inc., et al. N.D. Cal (December 15, 2017) (Judge Susan Illston) - Truven’s...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Federal Circuit Expanding Patent Eligibility Analysis in Finjan v. Blue Coat Systems, Inc. (Part 1)

The Court of Appeals of the Federal Circuit (CAFC) starts the new year off with a victory for patentees in the subject matter eligibility arena. In Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018), the...more

Finjan v. Blue Coat Systems: Attaching Security Profile to a Downloadable Is Patent Eligible

by BakerHostetler on

In Finjan v. Blue Coat Systems, the Court of Appeals for the Federal Circuit rendered a decision containing interesting rulings on patentable subject matter (affirming the District Court determination that certain claims were...more

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Cybersecurity

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