Patent-Eligibility and Graham v. John Deere

In vacating a motion to dismiss because it disagreed with a district court’s finding that patent claims were “invalid as directed to ineligible subject matter under 35 USC § 101,” a Federal Circuit panel has made explicit a… Read More

Independent Claim Not Representative for Patent-Eligibility

Considering the patent-eligibility of claims directed to archiving digital assets, the Federal Circuit has affirmed a district court decision invalidating an independent claim under 35 USC § 101 and Alice, while vacating and rema… Read More

Fed. Cir. Holds Real Estate Mapping Claims Patent-Ineligible

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question that is now easy to resolve under the Alice abstract idea test, look to the Federal Circuit’s non-precedential decision in Move, Inc. v. Real Estate Alliance, No.… Read More

CAPTCHA Patent Claims Survive Alice Challenge

Patent claims directed to “generating a completely automated test to tell computers and humans apart” – i.e., improvements to what you’ve seen on the Internet as “CAPTCHA” – have survived a motion to dismiss alleging… 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

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

Lack of Inventive Support leads to Patent Ineligibility

E. District Court of Virginia grants summary judgment to Defendant Amazon finding claims of USRE46140 (reissue of U.S. Pat. No. 6,618,705) ineligible under 35 U.S.C. § 101 based on a lack of support in the specification for how t… Read More

Patent Eligibility and Obviousness in a Covered Business Method Patent Review

The limits of patent eligibility continue to be a major hurtle for patent owners whose patents are subject to Covered Business Method Patent Review (CBM) at the USPTO’s Patent Trial and Appeal Board (PTAB). In IBG LLC v. Trading… Read More

Broad Software Patent Claims Survive Alice, Federal Circuit

Broad patent claims directed to computer virus screening have survived an Alice/35 U.S.C. § 101  patent-eligibility challenge at the Federal Circuit. Finjan, Inc., v. Blue Coat Systems Inc., No. 2016-2520 (January 10, 2018) (pre… Read More

Upcoming Webinar

Thomas Bejin of Bejin Bieneman PLC will discuss best practices for Ex Parte Patent Appeals.  Ex Parte Patent Appeals can be an effective tool to advance prosecution.  The webinar will begin with an overview of the Ex Parte Appeal process, including…Register

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