Charles Bieneman
Principal author, The Software IP Report

Easy CAFC Patent-Eligibility Case: Digital Product Licensing

In a one-line order under its Rule 36, the Federal Circuit has affirmed a decision of Judge Schroeder in the Eastern District of Texas granted a Rule12(b)(6) motion to dismiss claims of patent infringement where claims were direct… Read More

How Easy Can Patent-Eligibility Analysis Be?

Claims directed to “providing an internet third party data channel” were held invalid at the pleadings stage under 35 U.S.C. § 101 and the two-part Alice patent-eligibility test because the claims attempt “to monopolize the… Read More

Another Easy Section 101 Case at the Federal Circuit

In a per curiam decision on an appeal brought by a pro se patent owner, a Federal Circuit panel of Judges O’Malley, Linn, and Stoll held that claims of U.S. Patent No. 8,744,933 (“Payroll processing, certification, rep… Read More

Federal Circuit Demonstrates There Are Easy Cases under the Alice/Mayo Patent-Eligibility Test

The Federal Circuit has held patent-ineligible claims drawn to “the abstract idea of testing operators of any kind of moving equipment for any kind of physical or mental impairment.” Vehicle Intelligence and Safety LLC v. Merc… Read More

Some Cases Are Easy Under Alice

For all the uncertainty engendered by Mayo v. Prometheus and Alice Corp. v. CLS Bank and their lower court progeny, many patent claims on their face simply will not be found patent-eligible under 35 U.S.C. § 101 after Alice and M… Read More