Prior Art Found Pertinent to Patent-Eligibility Under 35 U.S.C. § 101

Quoting Bob Dylan in “You’re a Big Girl Now,” from the landmark album Blood on the Tracks, Judge Wu in the Central District of California has summed up the present state of patent-eligibility jurisprudence under 35 U.S.C. §… Read More

Yet Another Business Method Patent Fails Section 101 "Abstract Idea" Test

Yet another court has held yet more business method patents invalid for failing to recite patent-eligible subject matter under 35 U.S.C. § 101. In Open Text S.A. v. Alfresco Software Ltd., No. No. 13-cv-04843-JD (Sept 19, 2014),… Read More

PTAB Invalidates Business Method Claims in CBM Review

Inter partes review (IPR) and post-grant review proceedings conducted by the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office are emerging as a potent tool for invalidating patents. Under the C… Read More

Goodbye to Form 18?

Form 18 appended to the Federal Rules of Civil Procedure provides a form complaint for pleading patent infringement. To the chagrin of many defendants, Form 18 has been used to justify very bare-bones complaints of patent infringe… Read More

Covered Business Method Patent Found Likely Patent-Eligible Under 35 U.S.C. § 101

The Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office has arguably held that business method patent claims may be patent-eligible under 35 U.S.C. § 101. In PNC Bank v. Secure Axcess, LLC, Case… Read More