Determining Patent-Eligibility Requires Claim Construction!(?)

In a decision that Judge Lourie in dissent described as “based on a claim construction issue that is little more than a mirage,” a Federal Circuit panel vacated and remanded a district court’s Rule 12(c) judgment on the plea… Read More

Organizing Security System Display Data Survives Patent-Eligibility Challenge

Proving that application of the Mayo/Alice patent-eligibility test remains unpredictable and inconsistent, patent claims directed to a security system that monitors “premises using a graphical floor plan” have survived a motio… 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

Check Processing Claims Fail Alice Test at Federal Circuit

Patent claims directed to a “method for processing paper checks” are invalid under 35 U.S.C. § 101 and the Mayo/Alice abstract idea test, the Federal Circuit held in Solutran, Inc. v. Elavon, Inc., Nos. 2019, 1345, 2019-1460… Read More

No Technical Improvement Means No Patent-Eligibility

Here is a case illustrating a far from unusual scenario that also illustrates the morass of the current law of patent-eligibility under the Mayo/Alice test and 35 U.S.C. § 101. In NetSoc, LLC. v. Match Group, LLC, No. 3:18-CV-018… Read More

Communications System Patent Falls Under § 101

In Uniloc USA Inc. v. LG Electronics USA Inc. the district court found claims directed to “primary station for use in a communications system” in U.S. Patent 6,993,049 (“the ‘049 patent”) to be invalid under 35 U.S.C. §… Read More

Webpage Tutorial Software Patent Invalidated

Pendo.io, Inc. obtained a dismissal of Walkme Ltd.’s patent infringement suit in the Southern District of New York (Case No. 18cv7654), in a ruling that invalidated Walkme’s US Patent No. 9,922,008 under 35 U.S.C. § 101. … 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

Lack of Technical Solution in Patent Claims Justifies CBM Review and Alice Ineligibility

Finding that claims of patents directed “to a graphical user interface (‘GUI’) for electronic trading” lacked a technical solution to a technical problem, the Federal Circuit affirmed a Patent Trial and Appeal Board decisi… Read More

Courts Don’t Follow the PTO’s § 101 Patent-Eligibility Guidance so Why Should You?

The Federal Circuit’s recent dicta in a non-precedential decision stating that it need not give deference to the USPTO’s 35 U.S.C. § 101 patent-eligibility guidance highlights the challenges faced by patent applicants. In Cle… Read More

Upcoming Webinar

PTAB Practice: Recent Developments in Estoppel
November 21, 2019 at 12:00 pm EST
There are a wide range of estoppel issues that may be triggered under the America Invents Act (AIA) as a result of proceedings before the Patent Trial and Appeal Board (PTAB).  These estoppel issues complicate decision making in pursuing parallel pr…Register

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