Insufficient Written Description in Provisional Application Triggers On-Sale Bar of Subsequent Patent

A provisional patent application must include sufficient description to allow a person having ordinary skill in the art to make an invention as claimed in an asserted patent claiming priority to the provisional application, as rec… Read More

Factual Allegations Save Streaming Patents From Dismissal

The Central District of California upheld validity under 35 U.S.C. § 101 of several patents related to encryption and decryption of streaming video content, noting that the factual allegations in the complaint sufficed to survive… Read More

Practical Application Saves Software Claims in PGR

The Patent Trial and Appeal Board recently upheld eligibility of claims in a post-grant review, relying on the USPTO’s 2019 Patent Subject Matter Eligibility Guidance (but writing just before the October 2019 update to the USPTO… Read More

Automating Data Verification Ineligible under Section 101

Claims directed to automating employment verification data were held invalid under 35 U.S.C. § 101 in the Southern District of Indiana. Tenstreet, LLC v. DriverReach, LLC, No. 1:18-cv-03633 (S.D. Ind. Sep. 30, 2019). Plaintiff Te… Read More

Indefiniteness Challenges Hinge On Textual Support

Whether a court holds a patent claim indefinite under 35 U.S.C § 112 can depend on textual support in the body of the claim or in the patent specification. In Luminati Networks, Ltd. v. UAB Tesonet, no. 2:18-cv-299 (E.D. Tex. Aug… Read More

Audio Compression Improvements are Patent-Eligible

The Northern District of California recently held that claims directed to data compression to improve audio signal processing are eligible under 35 U.S.C. § 101 as improvements to computer operation. Hybrid Audio, LLC v. Asus Com… Read More

Claims Survive on Unresolved Question of Fact

The Central District of California recently denied a motion to dismiss on patent eligibility under 35 U.S.C. § 101 because a question of fact remained unresolved. In MoviePass, Inc. v. Sinemia, Inc., No. CV 2:18-1517 (C.D. Cal. A… Read More

Another Delayed Patent Eligibility Decision

Once again, a district court in California urged parties to improve their pleadings before deciding patent eligibility under 35 U.S.C. § 101. In Kajeet v. Qustodio, CV18-01519 JAK (Feb. 28, 2019), the Central District of Californ… Read More

District Courts Avoid Determining Patent Eligibility

How much evidence and claim construction does a court need to make a determination on eligibility under 35 U.S.C. § 101? According to district courts in California, it depends? In SkyHawke Techs. v. DECA Int’l, CV 18-1234-GW(PL… Read More

Technological Improvement in Roof Imaging is Patent-Eligible

Can claims directed to correlating images into a three-dimensional model provide a technological improvement sufficient to be patent-eligible under 35 U.S.C. § 101? Yes, says the Court in Eagle View Techs., Inc. v. Xactware Sol… Read More