“Substantially” in a Patent Claim is Substantially OK

U.S. Patent No. 5,987,863 (“the ‘863 patent”), owned by the Exmark Manufacturing Company (“Exmark”), recently survived a challenge to its claim 1 as indefinite under 35 U.S.C. §112, ¶2 for inclusion of the phrase … Read More

Fed. Cir. Holds Software Display Claims Patent-Eligible

Here is a Federal Circuit decision that expands the arsenal of cases available to argue for patent-eligibility under 35 U.S.C. § 101 and the Alice abstract idea test. In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., N… Read More

Statutory Disclaimer Saves Remaining Claims from CBM

Using statutory disclaimer on some of the claims of its challenged patent, Realtime Data saved the remaining claims from scrutiny under covered business method review in response to a petition by Commvault. Commvault System, Inc.… Read More

Neither Technical Terms Nor Length Save Claims under Alice

Patent claims directed to “buying and selling an item relating to unique subjects” were held patent-ineligible under the Alice abstract idea test and 35 USC § 101 in VOIT Technologies, LLC  v. Del-Ton, Inc., No. 5:17-CV-259-… Read More

Addressing the Subjectivity of Patent-Eligibility Post-Alice

Perhaps the single most useful resource summarizing the law of patent-eligibility under the Alice abstract idea test is this chart of Federal Circuit cases under 35 U.S.C. § 101, found on the  USPTO’s very helpful web page pro… Read More