En Banc Fed. Cir. To Reconsider Computer-Implemented Inventions

Vacating a 2-1 panel decision that had held software-implemented business method claims patentable, the Federal Circuit has now ordered an en banc rehearing of the patent owner’s appeal of the district court’s judgment… Read More

Financial Process Claims Held Not Patent Eligible

Patent claims directed to performing financial transactions and financial analysis have been invalidated by a D.C. District Court in two recent, and related, cases. Graff/Ross Holdings v. Fed. Home Loan Mortg. Corp., No. 07-796 (R… Read More

E-Commerce Patent Claims Held Not Patent-Eligible

Patent claims directed to “automated testing and selection of prices for goods and services sold online” have been held invalid under 35 U.S.C. § 101 for failing to recite patent-eligible subject matter.  In Oip Tec… Read More

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“Preliminary guidance” has been replaced by “interim guidance.”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

Upcoming Webinar

Christoper Francis and Charles Bieneman will conduct Part Two of a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation will dive underneath the basic legal requirement…Register