Telephone Transaction Data Claims Not Patent-Eligible

Claims directed to storing transaction data captured via a telephone are invalid under 35 U.S.C. § 101, says a Delaware District Court.  Cyberfone Sys. LLC v. Cellco Partnership, Civ. Nos. 11-827-SLR, 11-829-SLR, 11-831-SLR (D.… Read More

Medical Method Claims Recite Patentable Subject Matter, Prometheus Notwithstanding

Patent claims directed to a method for choosing an immunization schedule recite patentable subject matter even in light of the Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Labs, 132 S. Ct. 1289 (2012… Read More

Patent-Eligibility Decision Considers CLS Bank and Bancorp

In denying the plaintiff’s request for reconsideration of summary judgment of invalidity under 35 U.S.C. § 101, the Court in Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC, No. 6:10-cv-1373 (M.D. Fla.… Read More

Insurance Valuation Patent Claims Invalid Under Section 101

The Federal Circuit has upheld a District Court decision invalidating, as patent-ineligible under 35 U.S.C. § 101, patent claims directed to calculating an amount that a third-party guarantor must pay based on market and book val… Read More

Business Method Claims Patentable Says Fed. Cir.

Patent claims directed to using an intermediary in financial transactions to eliminate settlement risk have been held to recite patent-eligible subject matter under 35 U.S.C. § 101.  CLS Bank Int’l. v. Alice Corp., No. 201… Read More

PTO Updates Mayo v. Prometheus Examining Guidelines

“Preliminary guidance” has been replaced by “interim guidance.”  The United States Patent and Trademark Office has released its 2012 Interim Procedure for Subject Matter Patentability Analysis of Process C… Read More

Is Claim Construction a Prerequisite for Determining Patent Eligibility?

A court has denied a motion for summary judgment of invalidity based on Bilski v. Kappos, in part because the motion had been brought in advance of claim construction, and ahead of the court’s normal schedule for dispositive… Read More

Supreme Court to Federal Circuit: Reconsider the Patent-Eligibility of Ultramercial's Patent Claims

Last fall, in Ultramercial, LLC v. Hulu, LLC, the Federal Circuit Court of Appeals surprised many people by upholding patent claims directed to a “method for distribution of products over the Internet via a facilitator.”  As… Read More

Check Fraud Prevention Patent Passes Bilski Test

Saying the issue was a “close call,” a Missouri court has ruled that method and apparatus claims directed to using encrypted codes to prevent check fraud are patent-eligible under 35 U.S.C. § 101.  Advanced Software Design C… Read More

Business Methods Patents Still Being Asserted in Litigation

Business methods patents are alive and well, based at least on an anecdotal review of recent court filings.  Consider, for example, a case that I have selected more or less at random, Phoenix Licensing LLC v. Nationwide Mutual In… Read More

Upcoming Webinar

Bejin Bieneman is delighted to kick off the first B2 IP Webinar of 2019 with David Hannon, Of Counsel at Bejin Bieneman, who will provide an outline of issues for decision by a US brand owner in its pursuit of trademark protection in China. Mr. Hann…Register