Charles Bieneman
Principal author, The Software IP Report

Claimed Improvement Not Patent-Eligible Where Reducible to Mental Steps: Money and Data Protection Lizenz GMPH & Co. KG v. Duo Security, Inc.

A Rule 12 motion to dismiss was granted where patent claims directed to “authenticating a user to a transaction at a terminal” failed the 35 U.S.C. § 101 and Alice/Mayo patent-eligibility test. Money and Data Protection Lize… 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

Claims Reciting Mental Steps Are Not Patent-Eligible, Says Federal Circuit

In an opinion authored by Judge Chen (joined by Judges Lourie and Moore), the Federal Circuit held claims of three patents to be patent-ineligible under 35 U.S.C. § 101 because “they are directed to the abstract idea of tra… Read More

Data Processing Claims Held Patent-Ineligible: Personal Web Technologies LLC v. Google LLC

In a precedential decision, the Federal Circuit has held patent-ineligible, under 35 U.S.C. § 101 and the Alice/Mayo test, claims of three patents directed to “data-processing systems that assign each data item a substantially… Read More

Patent-Eligibility Legislative Reform Is Not Coming Soon

In an interview published by the Intellectual Property Owner’s Association, Senator Thom Tillis (R-N.C.) addressed the question many have asked: is Congress going to fix the § 101 patent-eligibility mess? The answer? Not any ti… Read More