B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Patent Claims to Evaluating Body Movement Fail § 101 on Post-Trial Motion: ILife Technologies, Inc. V. Nintendo Of America, Inc.

Patent claims directed to automating collection and interpretation of sensor data are often suspect under the two-part  Mayo/Alice patent-eligibility test under 35 U.S.C. § 101. Not so often, however, do judges do as… Read More

Emergency Alert System Is Not Patent-Eligible: Tenaha Licensing LLC v. TigerConnect, Inc.

Patent claims directed to “alert and notification” are ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test, said a Delaware magistrate judge, recommending  granting a Rule 12(b)(6… Read More

Claims Combing a System and a Method for Using the System are Invalid for Indefiniteness Under § 112

During a Markman patent claim construction proceeding, the Western District of Texas ruled multiple claims of U.S. Patent No. 7,284,203 invalid for indefiniteness under 35 U.S.C. § 112 because the claims “improperly c… Read More

No Attorney Fees for § 101 Dismissal: Data Scape Ltd. v. Spotify USA Inc.

Despite a refiled case and a subsequent dismissal for ineligible subject matter, plaintiff Data Scape escaped paying attorney fees to defendant Spotify in a recent decision from the Central District of California.  Data… Read More

Federal Circuit Upholds Noninfringement Because of Claim Construction of “Extruded Parison”: Plastic Omnium v. Donghee America

The Federal Circuit recently upheld a summary judgment of noninfringement based on an undisputed claim construction in Plastic Omnium v. Donghee America. The dispute centered on manufacturing plastic fuel tanks by blow m… Read More

Patent Claims to Virtual Smartphone for Automobile Fail Alice Test: KCG Technologies, LLC v. CarMax Auto Superstores, Inc.

Claims directed to a virtual smartphone that could be displayed on a vehicle touchscreen are patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test, held the court in KCG Technolog… Read More

Patent Claims Survive Alice Challenge Despite Being Directed to an Abstract Idea: Cellwitch, Inc. v. Tile, Inc.

Patent claims directed to [a] “system for monitoring of location of items” have survived a Rule 12(c) motion for judgment on the pleadings arguing that the claims were patent-ineligible under 35 U.S.C. § 101 and the… Read More

Factual Allegations Save Streaming Patents From Dismissal

The Central District of California upheld validity under 35 U.S.C. § 101 of several patents related to encryption and decryption of streaming video content, noting that the factual allegations in the complaint sufficed… Read More

Selecting Compression Format in Streaming Digital Video Held Not Patent-Eligible: Adaptive Streaming Inc. v. Netflix, Inc.

Patent claims directed to distributing streaming video data in a first formal and then converting the data to a second format are not patent-eligible, said the court in Adaptive Streaming Inc. v. Netflix, Inc., Case No.… Read More

VoIP Call Routing Fails Alice § 101 Test: Voip-Pal.com, Inc. v. Apple, Inc.

Claims of four patents directed to routing VoIP calls fail the two-part Mayo/Alice patent-eligibility test, said the court in Voip-Pal.com, Inc. v. Apple, Inc., Case No. 18-CV-06216-LHK, (N.D. Cal. Nov. 1, 2019) (Judge L… Read More