Section 101: USPTO Issues Preliminary Mayo Guidelines

In case you missed it, just a day after last month’s U.S. Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., a case with lessons for software patents, the U.S. Patent and Trademark Office… Read More

Computerized Method of Managing Financial Instruments Not Patent Eligible

Yet another district court has invalidated patent claims under 35 U.S.C. § 101.  In Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC, No. 6:10-cv-1373 (M.D. Fla. March 30, 3012), the court held that a “… Read More

Therapeutic Treatment Regimen Not Patent Eligible Despite Computer Implementation

In a decision that was probably made easy by the Supreme Court’s recent Prometheus decision, a D.C. district court has invalidated, as patent ineligible under 35 U.S.C. § 101, patent claims that recite using a computer to r… Read More

Divided Infringement and Non-Infringement

A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not be indirec… Read More

Software Claims Held Patent Eligible

A Northern District of California court has rejected an argument that “a method of executing an instruction” was not patent eligible subject matter.  Nazomi Communications, Inc. v. Samsung Telecommunications, Inc., No… Read More

Software Patent (and Other) Lessons From Prometheus v. Mayo

In addressing claims directed to medical diagnoses, the Supreme Court’s opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. may actually lend some clarity to questions of patentability pertaining to soft… Read More

Claims Upheld Under Bilski in the E.D. Texas

A recent Eastern District of Texas decision found patentable subject matter in claims directed to determining Current Procedural Technology (“CPT”) codes based on information gathered during a physician-patient encount… Read More

When to Apply Section 101? Federal Circuit Divided

Should a court should evaluate patent claims for statutory subject matter under 35 U.S.C. § 101 before or after considering validity based on prior art?  In MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. March 2, 2012)… Read More

Patentable Subject Matter: New Federal Circuit Case

Yet another post-Bilski pronouncement: the Federal Circuit has held that patent claims directed to “an investment tool designed to enable property owners to buy and sell properties without incurring tax liability” do not recit… Read More

Will the Supreme Court Revisit Software Patents?

Last fall, in Ultramercial, LLC v. Hulu, LLC [1], the Federal Circuit Court of Appeals surprised many people by upholding a patent claim, reproduced in footnote [2], directed to a “method for distribution of products over th… 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

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