“Minimal Redundancy” Makes Patent Claim Indefinite under § 112

The phrase “minimal redundancy” in a patent claim was indefinite under 35 USC § 112 where the patent specification inconsistently described levels of redundancy achieved by its system.  Berkheimer v. HP, Inc., No. 2017-1437… Read More

Neither Technical Terms Nor Length Save Claims under Alice

Patent claims directed to “buying and selling an item relating to unique subjects” were held patent-ineligible under the Alice abstract idea test and 35 USC § 101 in VOIT Technologies, LLC  v. Del-Ton, Inc., No. 5:17-CV-259-… Read More

Addressing the Subjectivity of Patent-Eligibility Post-Alice

Perhaps the single most useful resource summarizing the law of patent-eligibility under the Alice abstract idea test is this chart of Federal Circuit cases under 35 U.S.C. § 101, found on the  USPTO’s very helpful web page pro… Read More

Patent Eligibility and Obviousness in a Covered Business Method Patent Review

The limits of patent eligibility continue to be a major hurtle for patent owners whose patents are subject to Covered Business Method Patent Review (CBM) at the USPTO’s Patent Trial and Appeal Board (PTAB). In IBG LLC v. Trading… Read More

Broad Claim Term Dooms Patent at PTAB

Last month, the Patent Trial and Appeal Board issued a final written decision in Bright House Networks v. Focal IP (IPR2016-01263), finding the telecommunications patent in question obvious based on a broad claim construction of … Read More

Guidance from Patent Claims Surviving Alice

A Delaware magistrate judge has provided some insights for patent drafters who contemplate scrutiny under the Alice abstract idea test. In M2M Solutions, LLC v. Amzon.com., Inc., Civil Action No. 17-202-LPS-CJB (D. Del. Dec. 11, 2… Read More

Software License Verification Patent-Ineligible under Alice

Implementing a process in a highly technical environment will not necessarily save patent claims challenged under the Alice abstract idea test, as illustrated in Ancora Technologies, Inc. v. HTC America, Inc., No. C16-1919 RAJ (W.… Read More

Patent-Eligibility Saved by Reciting Implementation Details

Here is a case illustrating that broad claims can fall under the Alice abstract idea test, while narrower claims with a little more implementation detail can be found patent-eligible under 35 U.S.C. § 101.  In Procter & Gamb… Read More

Fed. Cir.: Statements in Specification Limit Patent Claims

A recent case from the Federal Circuit demonstrates the perils of pointing out problems in prior art in a patent specification. In Rembrandt Patent Innovations LLC v. Apple Inc., No. 2016-2324  (Nov. 22, 2017) (non-precedential)… Read More

Display of Distributed Network Applications Patent-Eligible

Patent claims directed to “presenting interactive applications,” such as advertising, “on a computer network” with multiple “user reception systems” are patent-eligible under 35 U.S.C. § 101 says Delaware’s Judge St… Read More

Upcoming Webinar

Thomas Bejin of Bejin Bieneman PLC will discuss best practices for Ex Parte Patent Appeals.  Ex Parte Patent Appeals can be an effective tool to advance prosecution.  The webinar will begin with an overview of the Ex Parte Appeal process, including…Register

Subscribe