Charles Bieneman
Principal author, The Software IP Report

Mobile Device Data Entry Patent Claims Survive Alice Motion

Patent claims directed to narrowing a search list presented to a user entering data in a mobile device have survived a Rule 12(b)(6) patent-eligibility challenge under 35 USC § 101 and the Mayo/Alice abstract idea test. WordLogic… Read More

Judge Gilstrap Invalidates Imaging Patent Claims under Alice

 In Image Processing Technologies, LLC v. Samsung Electronics Co., et al., (E. D. Texas, October 24, 2017) Judge Gilstrap applied the two-step Alice patent-eligibility analysis and granted Samsung’s Motion for Partial Summary J… Read More

Processing Geo-Coordinates = Patent-Ineligible Abstract Idea

Patent claims directed to processing geo-coordinates are patent-ineligible, says a court in granting a Rule 12(b)(6) motion to dismiss.  Burnett v. Panasonic Corp. of North America, Civil Action No. PX 17-00236 (D. Md. Nov. 1, 20… Read More

Strategies for Functional Patent Claims

The Federal Circuit’s decision to weaken the presumption against interpreting patent claims under 35 U.S.C. § 112(f) (or 112, sixth paragraph), in Williamson v. Citrix Online, LLC, in 2015, highlighted the challenges that funct… Read More

Fed. Cir.: Claims to Selecting Data Files Patent-Ineligible

Claims of a patent owned by Intellectual Ventures and directed to “identifying and characterizing stored electronic files” are patent-ineligible under 35 USC § 101 and the Alice abstract idea test, said the Federal Circuit in… Read More

Patent Claim Length Doesn’t Save Patent-Eligibility

Unsurprisingly, claims in a patent whose title described “disseminating product information via the internet using universal product codes” were found to be patent-ineligible under 35 U.S.C. § 101 and the Mayo/Alice abstract… Read More

PTAB: Filled May Be Indefinite, Unfilled Is Adequately Described

Tinnus Enterprises, LLC (“Tinnus”), owner of U.S. Patent No. 9,527,612 B2 (“the ‘612 patent”) recently suffered a setback when the U.S. Patent Trial and Appeal Board ordered institution of a post-grant review of the… Read More

Multicast Patent Claims Fail Alice Test at Fed. Cir.

The Federal Circuit has held patent-ineligible claims of four patents directed to multicasting audio/visual data over a network.  Two-Way  Media  Ltd. v. Comcast Cable Communications, Nos. 2016-2531, 2016-2532 (Fed. Cir. Nov. 1… Read More

Fed. Cir: Patent Claim Not Indefinite System/Method Hybrid

A patent claim directed to a system comprising multiple elements including a “CRM software application” that according to the claim “presents,” “receives,” and “generates” various data was not indefinite under 35 U… Read More

Where to Draw the Patent-Eligibility Line?

There is no surprise, in light of the vast body of caselaw questioning business method patent claims since the 2014 Alice case, that the Federal Circuit has affirmed a district court’s grant of a motion for judgment on the plead… Read More

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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