The Federal Circuit has held patent-ineligible claims drawn to “the abstract idea of testing operators of any kind of moving equipment for any kind of physical or mental impairment.” Vehicle Intelligence and Safety LLC v. Merc…
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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…
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The Federal Circuit has affirmed the USPTO’s rejection of an applicant’s claims that it concluded “cover only the abstract idea of rules for playing a wagering game and use conventional steps of shuffling and dea…
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Patent claims directed to presenting a user with a “short list” of “information sources” for selection based on a user location are patent-ineligible under 35 U.S.C. § 101 and the Alice/Mayo test. British Telecommuni…
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The Eastern District of Texas recently denied a Rule 12(b)(6) motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent Nos. 9,154,734; 9,253,444;…
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The Federal’s circuit has affirmed a Patent Trial and Appeal Board (PTAB) decision in turn affirming a patent examiner’s rejections under 35 U.S.C. § 101 for lack of patent-eligibility, and under 35 U.S.C. § 112 for lack of…
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Claims directed to an “information management and real time synchronous communications system for configuring and transmitting hospitality menus” were held patent-ineligible under 35 U.S.C. § 101 and the Alice abstract idea…
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The Federal Circuit has been widely criticized for the practice, under its Rule 36, of affirming lower court and USPTO PTAB decisions without any opinion. This post highlights two recent Rule 36 affirmances of holdings of patent…
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If you want an example of the kind of patent-eligibility question that is now easy to resolve under the Alice abstract idea test, look to the Federal Circuit’s non-precedential decision in Move, Inc. v. Real Estate Alliance, No.…
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The USPTO’s Patent and Trial Appeal Board has declined to institute a Covered Business Method review of two patents with claims to “directing electronic advertisements” based on user profile attributes with the goal of maxim…
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