Two More Courts Hold Patent Claims Invalid for Lack of Patent-Eligible Subject Matter

July 31, 2013, was a big day for 35 U.S.C. § 101; the statute was used in two different cases as a basis for finding that patent claims failed to recite patent-eligible subject matter, and were thus invalid. The patent claims in… Read More

Providing a Guaranty of Online Transactions Not Patent-Eligible, Says Delaware Court

Claims of a patent directed to “providing a guaranty service for online transactions” are not patent-eligible under 35 U.S.C. § 101, according to the court in Buysafe, Inc. v. Google Inc., C.A. No. 11-1282-LPS (D. Del. July 2… Read More

The More Patent-Eligible Subject Matter Changes, the More It Stays the Same

Perhaps the most apt characterization of the current state of the law on patent-eligible subject matter under 35 U.S.C. § 101 is attributable (albeit perhaps apocryphally) to the ancient Greek philosopher Heraclitus: everything f… Read More

PTAB Holds Claims Invalid Under 35 U.S.C. § 101 in Covered Business Method Review Proceeding

The USPTO’s Patent Trial and Appeal Board (PTAB), in its first final decision on a Covered Business Method Patent Review, has invalidated claims of U.S. Patent No. 6,553,350 under 35 U.S.C. § 101. SAP America, Inc. v. Versa… Read More

Internet Advertising Claims Are Patent-Eligible, Says Federal Circuit (Again)

A Federal Circuit panel has held that claims directed to monetizing Internet advertising are patent-eligible under 35 U.S.C. § 101. Ultramercial, Inc. v. Hulu, LLC, No. 2010-1544 (June 21, 2013). The Court’s opinion was aut… Read More

Business Method Claims Not Patent-Eligible in CLS Bank, Deeply Divided Federal Circuit Holds

The Federal Circuit has held that patent claims directed to using an intermediary in financial transactions to eliminate settlement risk are not patent-eligible.  CLS Bank International v. Alice Corp., No. 2011-1301 (May 10, 2013… Read More

Image Processing Claims Held Patent-Eligible

Patent claims directed to “technology for modifying video signals” are patent-eligible under 35 U.S.C. § 101, according to a Central District of California court. Oplus Techs. v. Sears Holding Corp., No. 12-cv-5707-MRP (C.D.… Read More

No Patentable Subject Matter in Gift Card Patent Claims

Patent claims drawn to “a method of exchanging a gift card” failed to recite patentable subject matter under 35 U.S.C. § 101, according to the court in Cardpool, Inc. v. Plastic Jungle, No. C 12-04182 WHA (N.D. Cal. J… Read More

Medical Malpractice Insurance Patent Claims Invalid on Motion to Dismiss

Patent claims drawn to compiling medical credentialing information, and transferring the information to a medical malpractice insurance application, have been held invalid under 35 U.S.C. § 101 on the Defendants’ Rule 12(… Read More

Medical Screening Method Claims Invalid, Federal Circuit Says

Patent claims directed to a method for using screening markers to determine the risk of Down’s syndrome are invalid under 35 U.S.C. § 101, the Federal Circuit has held. In Perkinelmer, Inc. v. Intema Ltd., No. 2011-1577 (Fe… Read More

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