IPA Technologies Bats .500 on Subject Matter Eligibility

The District of Delaware recently issued an instructive decision on eligible subject matter under § 101, invalidating one family of patents while upholding another. IPA Technologies, Inc. v. Amazon.com, Inc. Plaintiff IPA Technol… Read More

Secret Sales Are Still Prior Art under the On-Sale Bar

In a short, unanimous opinion, the Supreme Court held that “secret sales” count as prior art under the on-sale bar. The Court, in the anticipated case Helsinn Healthcare v. Teva Pharmaceuticals, found that Helsinn’s agreemen… Read More

E.D. Tex. Invalidates E-Ticket Patents Under § 101

Magistrate Judge Payne in the Eastern District of Texas recently recommended invalidating two e-ticket patents for ineligible subject matter under § 101. In Bytemark v. Masabi, No. 2:16-cv-00543-JRG-RSP (E.D. Texas, Nov. 25, 2018… Read More

Fitness-Tracking Cartoon Not Patent Eligible

Personal Beasties stumbled out of the gate against Nike, with a district court invalidating Personal Beasties’ patent for ineligible subject matter on a motion to dismiss. Personal Beasties Group LLC v. Nike Inc., An animated ch… Read More

Heart-Monitoring Ineligible under § 101 as Abstract Idea

The District of Massachusetts recently granted a motion to dismiss for ineligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test in a case involving home electrocardiogram sensors, CardioNet, LLC v. InfoBionic, Inc… Read More

The Federal Circuit on Claim Construction and Indefiniteness

In the recent case Intellectual Ventures I LLC v. T-Mobile USA, Inc., the Federal Circuit overturned a district court’s claim construction for reading in a limitation and upheld the district court’s invalidation for indefinite… Read More

Supreme Court Upholds IPRs in Oil States

On Tuesday, the Supreme Court released its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, holding that the inter partes review procedure does not violate Article III of the Constitution. The Court main… Read More

CBM Estoppel Limited to Substantially Identical References

A district court recently held the scope of estoppel from covered-business-method (CBM) review encompasses the references used in the CBM as well as almost-identical references. (Solutran, Inc. v. U.S. Bancorp et al. (D. Minn. 201… Read More

Contemporary Evidence Beats Google Obviousness Challenge

The Federal Circuit recently upheld two patents against an obviousness challenge by Google. (Google v. At Home Bondholders Liquidating Trust (Fed. Cir. 2018).) This case demonstrates the importance of contemporary evidence to supp… 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

Upcoming Webinar

The February webinar is being presented by Bryan Hart, Associate at Bejin Bieneman, who will discuss recent developments related to design patents. In particular, Mr. Hart will discuss the Federal Circuit’s decision in In re Maatita in August and…Register

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