B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Data Processing Claims Held Patent-Ineligible: Personal Web Technologies LLC v. Google LLC

In a precedential decision, the Federal Circuit has held patent-ineligible, under 35 U.S.C. § 101 and the Alice/Mayo test, claims of three patents directed to “data-processing systems that assign each data item a sub… Read More

Lessons of Yu v. Apple: The Law of § 101 Patent-Eligibility Is Chaos

Here is a case that both demonstrates the dysfunction of U.S. patent law with respect to eligible subject matter under  35 U.S.C. § 101, and offers lessons for practitioners wishing to buttress the patent-eligibility o… Read More

Federal Circuit Lets Patent Office Use Prosecution Laches Against Prolific Filer Hyatt

The Federal Circuit recently ruled in favor of the Patent Office asserting the rarely used doctrine of prosecution laches against serial patent applicant Gil Hyatt. Hyatt had brought an action in district court to order… Read More

Prosecution Disclaimer Pitfalls

In Speedtrack, Inc. v. Amazon.com, Inc. (June 3, 2021), the Federal Circuit affirmed not only the district court’s findings relating to patent infringement, but also the importance of prosecution history when interpre… Read More

Internet Data Backup Not Patent-Eligible under § 101: WhitServe LLC v. DropBox, Inc.

Patent claims directed to backing up data to a client’s computers where the data has been outsourced for processing via the Internet failed the patent-eligibility test under the Alice/Mayo test and 35 U.S.C. § 101. W… Read More