With License Ambiguous, Patent Exhaustion Heads to Jury

In Audio MPEG, Inc. v. Dell Inc., the Eastern District of Virginia denied summary judgment of patent exhaustion because it was ambiguous whether a license between Audio MPEG and Dell’s supplier Microsoft covered the allegedly in… Read More

PTAB: No Technical Solution = Covered Business Method Patent

Patent claims directed to an electronic inventory patent recited a covered business method, and moreover are patent-ineligible, said the PTAB in a Final Written Decision in a Covered Business Method (CBM) proceeding.  Life Techno… Read More

E.D. Texas Mag.: Device Power Reporting Patent-Ineligible

Patent claims directed to “a power headroom report” recited the “patent-ineligible concept of calculating and reporting the missing power of a network device,” according to the Eastern District of Texas’ Magistrate Judge… Read More

Patent-Eligibility Lessons from the PTAB (No. 2)

Want an example of a business method patent claim that survived the Alice patent-eligibility test?  Today’s second installment in our series summarizing Patent Trial and Appeal Board (PTAB) patent-eligibility decisions in ex pa… Read More

A Look at Patent Applications That Survived Alice

Achieving success in overcoming rejections under 35 U.S.C. § 101 and the Mayo/Alice patent-eligibility test is no different than achieving success in other areas of law – or life – draw lessons from those that have gone succe… Read More

Most (Not All) Customer Service Claims are Patent-Ineligible

Two patents directed to customer service centers survived a patent-eligibility challenge under 35 USC § 101, and four did not, in 24/7 Customer Inc. v. LivePerson, Inc., Case No.15-cv-02897-JST (N.D. Cal. May 25, 2017). The court… Read More

Encryption Patent Claims Pass Alice Test

Patent claims directed to encryption systems and methods, including allowing authorized users to access encrypted data, past patent-eligibility muster under 35 USC § 101, according to a court in the Eastern District of Virginia.… Read More

Functional Claiming Can Spell Patent-Eligibility Doom

Granting a Rule 12 motion to dismiss, a court held patent-ineligible, under the Alice abstract idea test and 35 U.S.C. § 101, a patent claim that recited “determining automatically an optimal exposure level.”  SungKyunKwan U… Read More

The Latest USPTO Patent-Eligibility Guidance (April 2017)

As you probably know, the USPTO maintains a “subject matter [patent-]eligibility” web page with a plethora of information.  Most recently, on April 26, 2017, the Office posted a “quick reference sheet” illustrating decisi… Read More

PTAB in CBM Kills Internet Advertising Click-Fraud Patent

Claims of a patent directed to detecting click-fraud in Internet advertising were eligible for Covered Business Method (CBM) Review, and moreover were patent-ineligible under the Mayo/Alice test and 35 U.S.C. § 101, said the Pate… Read More

Upcoming Webinar

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 12:00 pm EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register

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