Patent Claims Held Indefinite for Mixed Apparatus and Method

In a Claim Construction Memorandum and Order, a court recently held a claim term indefinite for mixing an apparatus and a method. Wireless IP Holdings, L.P., v. Samsung Electronics Co., Ltd., et al. No. 2:18-CV-28-JRG, (E.D. Texas… Read More

Language From CIP Survives “New Matter” Challenge

Finding that the Patent Trial and Appeal Board failed to consider the entire record, the Court of Appeals of the Federal Circuit vacated and remanded for further analysis the Board’s decision affirming a rejection of claims for… Read More

User Interface Features Not Patent-Eligible

Finding a lack of technical innovation, a court held claims for three features for a user-vehicle interface to be directed to patent-ineligible abstract ideas under the Mayo/Alice test and 35 U.S.C. § 101. Thunder Power New Ener… Read More

When is a document a “Printed Publication” under 102(b)?

The Federal Circuit held that there was an insufficient record to qualify the reference “IsoMed Constant-Flow Infusion System (“IsoMed”) as publicly accessible and therefore a printed publication under 35 U.S.C §102(b), and… Read More

“Program,” “UI Code,” Not Means-Plus-Function Terms

The Federal Circuit has held that claim terms “program” and “user interface code,” as used in the phrases “program that can operate the movement of the pointer” and “user interface code being configured to detect one… Read More

Controlling Subscription Entertainment Not Patent Eligible

Affirming a motion to dismiss, the Federal Circuit found claims from four patents, directed to “electronic means of increasing user control over subscription entertainment content,” patent-ineligible under the Mayo/Alice test… Read More

Providing Haptic Feedback Patent-eligible or Abstract Idea?

Claims from two out of three patents for providing haptic feedback to computer users survived a motion to dismiss based on a patent eligibility challenge under the Mayo/Alice test and 35 U.S.C. § 101. Considering their character… Read More

Distribution Agreement held to be “Offer for Sale”

The Federal Circuit held a distribution agreement including transfer of title to the distributor and exclusivity in the United States for three years to be an “offer for sale” under the on-sale bar. In The Medicines Company v.… Read More

Claim Terms “Substantially above” and “Significantly above” found Definite

The Court held, in Arctic Cat Inc., v. Polaris Industries Inc., No. 16-cv-0010 wmw, (MN Dec. 20, 2017), these terms, in the context of the specification and the prosecution history, gave sufficient guidance to a person skilled in… Read More

Virus-scanning Software Claims Held Patent-Ineligible

Patent claims to computer-virus scanning software included no language representing an improvement in computer function and were therefore patent-ineligible under 35 USC § 101. On this basis, the court in Glasswall Solutions Limi… Read More

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Christoper Francis and Charles Bieneman will conduct a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation will dive underneath the basic legal requirements to provide ade…Register

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