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McDonnell Boehnen Hulbert & Berghoff LLP

Dancing with Abstract Ideas: Patent Eligibility in 2025

In June 2014, the U.S. Supreme Court handed down Alice Corp. v. CLS Bank Int'l, establishing a now-infamous two-step, judicially-imposed test for patent subject-matter eligibility that narrowed the broad statutory eligibility...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022

Treehouse Avatar LLC v. Valve Corp., Appeal No. 2022-1171 (Fed. Cir. Nov. 30, 2022) - In the only precedential patent opinion issued by the Federal Circuit this week, the Court affirmed a district court’s summary judgment...more

McDonnell Boehnen Hulbert & Berghoff LLP

The EFF is Patently Wrong

The Electronic Frontier Foundation (EFF) is at it again, gaslighting the public in its ongoing crusade against patents.  While the EFF does perform some commendable work, mostly in the areas of individual privacy rights, its...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Holland & Knight LLP

Federal Circuit: Complexity Does Not Necessarily Impart Section 101 Patentability

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Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more

Holland & Knight LLP

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

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The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Holland & Knight LLP

E.D. North Carolina Axes Patent Directed to Teaching Guitar

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Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more

Sheppard Mullin Richter & Hampton LLP

Popular Open Source Software under Patent Attack

Sound View Innovations is launching patent attacks against commonly used open source software including jQuery and Apache Hadoop. Sound View is targeting end users of these software components. This is a typical tactic of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019 #4

SRI Int’l, Inc. v. Cisco Sys., Inc., Appeal No. 2017-2223 (Fed. Cir. Mar. 20, 2019) - In a decision following trial, the Federal Circuit addressed the issue of the eligibility of patent claims directed to technology meant...more

Knobbe Martens

Sri International, Inc. v. Cisco Systems, Inc.

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Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more

Bradley Arant Boult Cummings LLP

Software Inventions Face New USPTO Standards for Patenting

The lack of clarity in the law with regards to patent subject matter eligibility under 35 U.S.C. § 101 has made it difficult for patent attorneys to advise their clients with regards to patent protection for software...more

Sheppard Mullin Richter & Hampton LLP

10 Things to Know About The Intersection of Blockchain Technology, Open Source Software, and Patents

On their own, blockchain technology, open source software, and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more

Blank Rome LLP

Out of Wonderland from Diehr to Aatrix: 3 Steps to Overcoming 101 Rejections

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Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not...more

Foley & Lardner LLP

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

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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

K&L Gates LLP

Federal Circuit Continues to Clarify Subject Matter Eligibility for Software Patents

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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

A&O Shearman

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

A&O Shearman on

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more

Fish & Richardson

Amdocs v. Openet: Federal Circuit Will Take Case-by-Case, Common-Law Approach to “Abstract Idea” Determinations Under Alice

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The Federal Circuit in a 2-1 decision upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.” The decision, Amdocs (Israel) Ltd. v. Openet Telecom Inc. et...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

Fenwick & West LLP

McRo: Preemption Matters After All

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The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

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