Federal Circuit Affirms Eligibility of RFID Transponder Claims But Reverses Summary Judgment on Validity Based on RFID FOR DUMMIES  

In its December 16, 2022, precedential decision in ADASA, Inc. v. Avery Dennison Corp., the Federal Circuit addressed a range of issues, remanding the matter for resolution of facts relating to validity and for redetermination of… Read More

Patent Office Introduces Deferred Responses for Subject Matter Eligibility Rejections

The Patent Office recently introduced a new pilot program called the Deferred Subject Matter Eligibility Response pilot program going into effect on February 1. As detailed in a Federal Register notice, the program permits applica… Read More

Data Processing Claims Held Patent-Ineligible: Personal Web Technologies LLC v. Google LLC

In a precedential decision, the Federal Circuit has held patent-ineligible, under 35 U.S.C. § 101 and the Alice/Mayo test, claims of three patents directed to “data-processing systems that assign each data item a substantially… Read More

Lessons of Yu v. Apple: The Law of § 101 Patent-Eligibility Is Chaos

Here is a case that both demonstrates the dysfunction of U.S. patent law with respect to eligible subject matter under  35 U.S.C. § 101, and offers lessons for practitioners wishing to buttress the patent-eligibility of their cl… Read More

Internet Data Backup Not Patent-Eligible under § 101: WhitServe LLC v. DropBox, Inc.

Patent claims directed to backing up data to a client’s computers where the data has been outsourced for processing via the Internet failed the patent-eligibility test under the Alice/Mayo test and 35 U.S.C. § 101. WhitServe L… Read More

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