News & Analysis as of

Technology Patent Infringement Patent-Eligible Subject Matter

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

A&O Shearman on

In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Set to Consider Whether A Blockchain Application is Patent Eligible

Does recording an object’s physical properties to a blockchain render the resulting network (or method of using the same) patent-eligible? In Rady v. Boston Consulting Group, the Federal Circuit will hear oral arguments on...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2021 #3

John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) - Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more

Saul Ewing LLP

Functionality Trumps User Experience for Patent Eligibility of Software Patents: An Overview of Simio, LLC v. FlexSim Software...

Saul Ewing LLP on

The U.S. Court of Appeals for the Federal Circuit recently issued the decision of Simio, LLC. V. FlexSim Software Products, Inc. (Dec. 29, 2020). In upholding the District Court’s decision that the software claims at issue...more

McDermott Will & Emery

Verdict Delivered: Shipment Notification Claims are Patent Ineligible—Even with Security Flair

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that a patent claim directed to a delivery notification system was subject matter ineligible under 35 U.S.C. § 101....more

Bradley Arant Boult Cummings LLP

Done at Step 1: When a Claim Is Tied to an Improvement, No Need to Proceed to Alice Step 2

By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It...more

Fish & Richardson

D.Del. - MJ Burke Describes Analysis Framework for Assessing Section 101 Motion to Dismiss

Fish & Richardson on

In the most recent section 101 opinion out of Delaware, Magistrate Judge Burke addressed patent eligibility of three patents directed to systems, apparatuses, and methods of using wireless machine to machine (“M2M”)...more

Hogan Lovells

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

Hogan Lovells on

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

Akin Gump Strauss Hauer & Feld LLP

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Proskauer - New England IP Blog

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the...more

Morris James LLP

Motion To Dismiss For Failure To Claim Patent-Eligible Subject Matter Is Granted In Part

Morris James LLP on

Andrews, J. Defendants’ motion to dismiss amended complaints for failure to claim patent-eligible subject matter pursuant to § 101 is granted in part. The court heard oral argument and considered plaintiff’s proposed claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

Foley Hoag LLP

What Did the Court Really Say About Patent Eligibility?

Foley Hoag LLP on

Implications of Alice v. CLS Bank - Late last week, the United States Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al., a case the technology community had hoped would clarify what kinds of...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Affirms That Abstract Ideas Are Patent-Ineligible Alice Corp. Pty. Ltd. v. CLS Bank Int'l

In a unanimous decision, the U.S. Supreme Court affirmed the Federal Circuit's en banc decision that petitioner Alice Corporation's asserted patent claims are invalid for being directed to a patent-ineligible abstract idea....more

Miller Canfield

U.S. Supreme Court Rules Abstract Idea Implemented on Generic Computer is Not Patent Eligible

Miller Canfield on

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on...more

Mintz - Trademark & Copyright Viewpoints

Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible

The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more

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