Surviving Alice

Recent cases in which patent claims survived challenges under 35 U.S.C. § 101 provide lessons, albeit perhaps narrow ones, to both patent owners and defendants navigating the law of patent-eligibility after Alice Corp. v. CLS Ban… Read More

Broadest Reasonable Interpretation Has Limits

Every patent practitioner has felt the frustration that the USPTO’s “broadest reasonable interpretation” standard for claim construction seems to mean that claims say whatever the Patent Office wants them to mean. However, t… Read More

Some Cases Are Easy Under Alice

For all the uncertainty engendered by Mayo v. Prometheus and Alice Corp. v. CLS Bank and their lower court progeny, many patent claims on their face simply will not be found patent-eligible under 35 U.S.C. § 101 after Alice and M… Read More

PTAB Finds Means-Plus Function Indefiniteness

Following Williamson v. Citrix Online, LLC, the Patent Trial and Appeal Board has held means-plus-function patent claims indefinite under 35 U.S.C. § 112 for failing to “disclose sufficient corresponding structure for the [… Read More

Multi-Player Gaming System Survives Patent-Eligibility Challenge

Finding that patent claims reciting hardware elements and functionality of a multi-player gaming system encompassed more than an abstract idea, and, moreover, claimed an innovative concept, a court denied a motion to dismiss for l… Read More