Software Claims to Demand Forecasting and Inventory Management, Predictably, Not Patent-Eligible

The Supreme Court has refused to implement a rule that business methods claims are per se patent-ineligible.  Nonetheless, courts now routinely invalidate business method patent claims under 35 U.S.C. § 101, as exemplified in th… Read More

Enfish Does Not Save Patent Claims to Testing Computer Memory

U.S. Patent Nos. 6,574,759 and 6,704,891 are directed to “Verifying and Improving Run-Time of a Memory Test.”  This seeming technical improvement, deemed by the court to be a mere automation of a known manual process, was not… Read More

Patent Claim Construction Lessons, or Not, from Indacon v. Facebook

When a case goes against the patentee on the issue of claim construction, one wonders whether different actions by patent prosecution counsel could have changed the result. The prosecutor uniquely influences claim construction, a… Read More

Federal Circuit Upholds Claim Construction Limiting Claim Scope to Disclosed Embodiments

The Federal Circuit recently limited construction of patent claims to a scope supported by intrinsic evidence of embodiments disclosed in a patent specification. Ruckus Wireless, Inc. v. Innovative Wireless Solutions, 2016 U.S. Ap… Read More

Pump for Monitoring and Controlling Delivery of Fluids to a Patient Held Patent-Eligible

A complaint alleging infringement of two patents directed to monitoring and controlling an infusion pump has survived a motion to dismiss based on an allegation of unpatentable subject matter under 35 U.S.C. § 101. Baxter Interna… Read More