Where to Draw the Patent-Eligibility Line?

There is no surprise, in light of the vast body of case law questioning business method patent claims since the 2014 Alice case, that the Federal Circuit has affirmed a district court’s grant of a motion for judgment on the plea… Read More

Routine Steps Fail to Transform Abstract Idea

Claims that fail to explicitly recite a specific way to solve a specific technological problem are at risk under §101, especially when the underlying technology is known and only implements routine steps. Such claims fail to tran… Read More

Markman Order Broadens Claim Construction with Claim Differentiation

The Court construed “slidably interconnected” to include both direct and indirect connection based on claim differentiation in the Markman order in National Products, Inc. v. Arkon Resources, Inc. (Case No. C15-1984JLR, WDWA,… Read More

Description of “The Invention” in Specification Limits Claim Construction

In the Claim Construction Order (dated September 18, 2017) in Gutterglove, Inc. v. American Die and Rollforming (Case 2:16-cf-02408-WHO, EDCA), the Court read a limitation from the specification into the claim construction of the… Read More

No Inequitable Conduct: Duty to Disclose Only Goes So Far

A patent prosecutor did not have a duty to disclose that a cited prior art reference inherently disclosed a claimed feature where the examiner misunderstood the reference as failing to disclose the feature. On this basis, a motion… Read More