No Patent-Eligibility for Biometric Identification System

Patent claims to “providing global biometric identification services to a plurality of remote parties” are directed to an unpatentable abstract idea under 35 U.S.C. § 101, said the court in IQS US Inc. v. Calsoft Labs, Inc.,… Read More

Is a Programmable Memory Patent-Eligible? Fed. Cir. Splits

A split Federal Circuit panel held that claims of U.S. Patent No. 5,953,740 are directed to “an improvement to computer memory systems” and “not to the abstract idea of categorical data storage.”  Visual Memory, LLC v. NV… Read More

Alice Step 2 Saves Conference Call Patents

Patent claims directed to managing teleconferences over hybrid networks, i.e., PSTN and Internet, recited an unconventional combination of elements, said the court in Meetrix, IP, LLC v. Citrix Systems, Inc., No. 1-16-CV-1033-LY (… Read More

Unpredictability, not Inherency, Important for Obviousness

In Honeywell International Inc. v. Mexichem Amanco Holding S.A. De C.V., No. 2016-1996, 2017 U.S. App. LEXIS 13909 (Fed. Cir. Aug. 1, 2017), the Federal Circuit vacated and remanded a PTAB decision, holding that an obviousness rej… Read More

Alice Dismissal No Basis for Exceptional Case, Attorney Fees

Having brought a lawsuit for a patent who claims are found invalid under 35 U.S.C. § 101, and the Alice abstract idea test, is the plaintiff’s conduct “objectively baseless” justifying an award of attorney fees under 35 U.S… Read More

E.D. Texas Mag. Payne: Bandwidth Allocation Patent-Eligible

Claims of a patent directed to “management of bandwidth allocation in a network server” were not directed to an abstract idea, and not invalid under 35 U.S.C. § 101, held Magistrate Judge Payne in a report and recommendation… Read More

E.D. Texas Mag.: Device Power Reporting Patent-Ineligible

Patent claims directed to “a power headroom report” recited the “patent-ineligible concept of calculating and reporting the missing power of a network device,” according to the Eastern District of Texas’ Magistrate Judge… Read More

Patent-Eligibility Lessons from the PTAB (No. 2)

Want an example of a business method patent claim that survived the Alice patent-eligibility test?  Today’s second installment in our series summarizing Patent Trial and Appeal Board (PTAB) patent-eligibility decisions in ex pa… Read More

Digital Advertisement Display Patent Claims Survive Alice

Patent claims directed to displaying digital advertisements have survived a rule 12(b)(6) motion alleging patent-ineligibility under 35 USC § 101 and Alice Corp. Pty Ltd. v. CLS Bank Int’l., although the court did state that th… Read More

A Look at Patent Applications That Survived Alice

Achieving success in overcoming rejections under 35 U.S.C. § 101 and the Mayo/Alice patent-eligibility test is no different than achieving success in other areas of law – or life – draw lessons from those that have gone succe… Read More

Upcoming Webinar

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 12:00 pm EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register