Charles Bieneman
Principal author, The Software IP Report

Automated Crop Growing and Monitoring Patents Pass Alice Test: Vineyard Investigations v. E. & J. Gallo Winery

In denying a motion to dismiss for lack of patent-eligible subject matter under 35 U.S.C. § 101, a court determined that U.S. Patents 8,528,834 and 6,947,810, relating to using sensors and data for growing and automated monitorin… Read More

Factual Dispute Precludes Summary Judgment on Alice / § 101 Motion

Finding that competing expert declarations raised a factual question concerning whether claims recited an inventive concept, a  Delaware magistrate judge found that a summary judgment motion for invalidity of claims of U.S.… Read More

Network Monitoring Patents Fail Alice Test, Says Delaware’s Judge Stark

Two patents directed to monitoring network response times to determine responsiveness of network services are invalid under 35 U.S.C. § 101 and the Alice/Mayo test, held Judge Stark in the District of Delaware. Citrix Systems, I… Read More

Novelty and Non-obviousness Do Not Save Patent-Eligibility

The Federal Circuit has held that patent claims directed to “performing certain statistical analyses of investment information” are patent-ineligible under the Alice/Mayo abstract idea test and 35 U.S.C. § 101, thus affirming… Read More

Mental Steps Override Novelty in Patent-Eligibility Analysis

The Federal Circuit has upheld the patent-ineligibility under 35 U.S.C. § 101 of all claims of U.S. Patent No. 8,614,710, directed to “a method for deriving a pixel color in a graphic image.” Coffelt v. NVIDIA Corp., No. 2017… Read More