B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

CAFC: Obviousness and Non-Limiting Reference Numerals in Claims: Grit Energy Solutions, LLC v. Oren Technologies, LLC.

The Federal Circuit, in vacating the Patent Trial and Appeal Board’s (PTAB) decision in an inter partes review (IPR) that claims in a patent were not obvious, held that, for an obviousness inquiry, reference numerals i… Read More

EDTx Hands Down Indefiniteness Ruling in Semcon v. TCT Mobile

The Eastern District of Texas recently issued a claim construction ruling with a couple interesting rulings on indefiniteness in the case of Semcon IP v. Louis Vuitton and TCT Mobile (April 29, 2020). TCT Mobile is a mob… Read More

Strike Zone Patent Survives Dismissal: Sportvision, Inc. v. MLB Advanced Media, LP

Major League Baseball may be on hold, but the next inning of baseball patent litigation has just started. Sportvision, Inc. v. MLB Advanced Media, LP, No. 18 Civ. 3025 (S.D.N.Y. Apr. 23, 2020). Like several other courts… Read More

Uniloc Communications System Patent Survives § 101 Challenge Based on Technical Improvement: Uniloc USA, Inc. v. LG Electronics USA, Inc.

Patent claims directed to a communication system recite a technical solution and therefore, the Federal Circuit held, are not patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice test. Uniloc USA, Inc.… Read More

An Inventor Must Be a Natural Person, Not a Machine

The Bicentennial Man is out of luck.* The Patent Office recently issued a ruling that only a human can be an inventor. The application at issue listed “DABUS” as the sole inventor. DABUS is a collection of neural net… Read More

District Court Considers Challenges of Section 101 Eligibility on the Pleadings, Highlights Need for Factual Record: Slyce Acquisition, Inc. v. Syte-Visual Conception, Ltd.

Should eligibility under 35 U.S.C. § 101 ever be decided on the pleadings? The Western District of Texas says that such decisions should be rare because of the deep factual requirements for a proper § 101 analysis. Sly… Read More

PTAB Invalidates Telehealth Patent as Anticipated, Rejects Indefiniteness Challenges, in PG Review

The Patent Trial and Appeal Board recently invalidated a patent related to remote optometry in a Post-Grant Review proceeding.  20_20 Vision Center, LLC v. DigitalOptometrics LLC, PGR2018-00100 (April 15, 2020). The PTA… Read More

Method for Providing Enhanced Functionality in Exchange for Personal Information is Ineligible: Veripath, Inc. v. Didomi

In granting a motion to dismiss based on lack of patent-eligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test, a court held that patent claims directed to “granting permission to access personal info… Read More

Is Inconsistency Indefiniteness under 35 U.S.C. § 112? TVnGo Ltd. V. LG Electronics, Inc.

Claims of five patents directed to toggling between television and Internet content have been held invalid under 35 U.S.C. § 112(b) based on indefiniteness of claim terms directed to content “overlays” on a display… Read More

Prior Art Anticipates Claims because “A” means “One or More”

The Central District of California held that claims directed to “‘an induction actuated container which is capable of automatically opening when a user is approaching, and automatically closing when the user has left… Read More