Based on a plain and ordinary meaning – and the patentee’s clear statement in distinguishing prior art during prosecution – the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding of invalidity…
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For a plaintiff to state a cause of action for patent infringement, some courts hold that general allegations – without an infringement claim chart – suffice. Here are two examples of courts joining other courts…
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In a precedential and split decision, the Federal Circuit reversed the International Trade Commission and found patent claims reciting the term “virtually free from interference” not indefinite. One-E-Way, Inc., v. I…
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Want an example of a business method patent claim that survived the Alice patent-eligibility test? Today’s second installment in our series summarizing Patent Trial and Appeal Board (PTAB) patent-eligibility decision…
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Patent claims directed to displaying digital advertisements have survived a rule 12(b)(6) motion alleging patent-ineligibility under 35 USC § 101 and Alice Corp. Pty Ltd. v. CLS Bank Int’l., although the court did sta…
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Achieving success in overcoming rejections under 35 U.S.C. § 101 and the Mayo/Alice patent-eligibility test is no different than achieving success in other areas of law – or life – draw lessons from those that have…
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An assignment of “all inventions and improvements disclosed and described in said provisional application” was effective against later non-provisional applications claiming priority to the provisional application…
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Two patents directed to customer service centers survived a patent-eligibility challenge under 35 USC § 101, and four did not, in 24/7 Customer Inc. v. LivePerson, Inc., Case No.15-cv-02897-JST (N.D. Cal. May 25, 2017).…
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Patent claims directed to encryption systems and methods, including allowing authorized users to access encrypted data, past patent-eligibility muster under 35 USC § 101, according to a court in the Eastern District of…
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Providing an example of claimed subject matter lacking written description in a patent specification, the Patent Trial and Appeal Board (PTAB) found selected claims of two patents invalid under 35 U.S.C § 112, ¶1, in p…
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