B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Mobile Device Data Entry Patent Claims Survive Alice Motion

Patent claims directed to narrowing a search list presented to a user entering data in a mobile device have survived a Rule 12(b)(6) patent-eligibility challenge under 35 USC § 101 and the Mayo/Alice abstract idea test.… Read More

Differing Claim Terms Construed with Same Definition

Can a court construe two different terms in two different claims the same way? If the specification uses those phrases in the same way, then yes. In Pavo Solutions, LLC v. Kingston Technology Company, Inc., Nos. 2016-220… Read More

Judge Gilstrap Invalidates Imaging Patent Claims under Alice

 In Image Processing Technologies, LLC v. Samsung Electronics Co., et al., (E. D. Texas, October 24, 2017) Judge Gilstrap applied the two-step Alice patent-eligibility analysis and granted Samsung’s Motion for Partial… Read More

Processing Geo-Coordinates = Patent-Ineligible Abstract Idea

Patent claims directed to processing geo-coordinates are patent-ineligible, says a court in granting a Rule 12(b)(6) motion to dismiss.  Burnett v. Panasonic Corp. of North America, Civil Action No. PX 17-00236 (D. Md.… Read More

CAFC Affirms PTAB Claim Construction of “Connected”

In Ignite USA, LLC. V. Camelback Products, LLC., No. 2016-2747 (Fed. Cir. Oct. 12, 2017), the Federal Circuit upheld the PTAB’s inter parte review claim construction that the claim term “connected” does not require… Read More

Strategies for Functional Patent Claims

The Federal Circuit’s decision to weaken the presumption against interpreting patent claims under 35 U.S.C. § 112(f) (or 112, sixth paragraph), in Williamson v. Citrix Online, LLC, in 2015, highlighted the challenges… Read More

Fed. Cir.: Claims to Selecting Data Files Patent-Ineligible

Claims of a patent owned by Intellectual Ventures and directed to “identifying and characterizing stored electronic files” are patent-ineligible under 35 USC § 101 and the Alice abstract idea test, said the Federal… Read More

Precedential PTAB Ex Parte Decision on Indefiniteness

In an Ex parte McAward, Appeal No. 2015-006416 (published August 25, 2017), the Patent Trial and Appeals Board ruled that the Supreme Court opinion in Nautilus, Inc. v. Biosig Instruments, Inc. does not mandate a change… Read More

Patent Claim Length Doesn’t Save Patent-Eligibility

Unsurprisingly, claims in a patent whose title described “disseminating product information via the internet using universal product codes” were found to be patent-ineligible under 35 U.S.C. § 101 and the Mayo/Alice… Read More

PTAB: Filled May Be Indefinite, Unfilled Is Adequately Described

Tinnus Enterprises, LLC (“Tinnus”), owner of U.S. Patent No. 9,527,612 B2 (“the ‘612 patent”) recently suffered a setback when the U.S. Patent Trial and Appeal Board ordered institution of a post-grant revi… Read More

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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