NASDAQ Patent Doesn’t Claim Covered Business Method

The PTAB has declined to institute a Covered Business Method (CBM) review for a patent, owned by NASDAQ, claiming a computerized system for executing securities transactions. Investors Exchange LLC v. NASDAQ, Inc., Case CBM2018-00… Read More

Automated Delivery Notification is Ineligible Subject Matter

The Southern District of Florida recently granted a motion to dismiss in favor of Minted LLC, and a motion for judgment on the pleadings in favor of ShoppersChoice.com LLC based on lack of patent-eligible subject matter, under 35… Read More

IPA Technologies Bats .500 on Subject Matter Eligibility

The District of Delaware recently issued an instructive decision on eligible subject matter under § 101, invalidating one family of patents while upholding another. IPA Technologies, Inc. v. Amazon.com, Inc. Plaintiff IPA Technol… Read More

Patents Claim E-commerce not Technical Solution, Fail § 101

A court found that claims of two patents were ineligible under 35 U.S.C. §101 and the Alice/Mayo test because the claims were all “directed to the same economic practice: the idea of presenting discounts or offers for goods a… Read More

New USPTO Patent-Eligibility Guidance Is a Material Change

Effective January 7, 2019, United States Patent and Trademark Office patent examiners and PTAB judges will be operating under new guidance for evaluating subject matter eligibility. Specifically, the USPTO is changing its interpr… Read More

Patent-Eligibility: Question of Fact or Law?

Unsurprisingly, a Federal Circuit panel has affirmed the USPTO’s refusal to withdraw a patent-eligibility rejection under 35 U.S.C. § 101 for claims directed to playing and wagering on a dice game. In re Marco Guldenaar Holding… Read More

E.D. Tex. Invalidates E-Ticket Patents Under § 101

Magistrate Judge Payne in the Eastern District of Texas recently recommended invalidating two e-ticket patents for ineligible subject matter under § 101. In Bytemark v. Masabi, No. 2:16-cv-00543-JRG-RSP (E.D. Texas, Nov. 25, 2018… Read More

Lack of Functional Improvement Renders Method Claims Ineligible

The District of Delaware recently granted a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,429,005 directed to a method for prov… Read More

CAFC Affirms Rejections of Computer Product-by-Process Claim

The Federal’s circuit has affirmed a Patent Trial and Appeal Board (PTAB) decision in turn affirming a patent examiner’s rejections under 35 U.S.C. § 101 for lack of patent-eligibility, and under 35 U.S.C. § 112 for lack of… Read More

Generic Structure Not Enough to Establish Patent-Eligibility

The Northern District of California recently granted a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,350,928, directed to “a s… 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

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