Charles Bieneman
Principal author, The Software IP Report

Federal Circuit Reverses E.D. Texas on Exceptional Case

Reversing a decision from the Eastern District of Texas, the Federal Circuit held that AdjustaCam unreasonably litigated its Camera Clip patent (U.S. Pat. No. 5,855,343) and that its case was objectively baseless—holding the cas… Read More

Mass Spectrometry Method Not Patent Eligible in Ex Parte Appeal

The PTAB held that the claims in Ex parte Quimby, Appeal No. 2016-004681 (June 2, 2017) were directed toward unpatentable subject matter.  Of particular interest given the claim language, the Appellant was unsuccessful with argum… Read More

PTAB: No Technical Solution = Covered Business Method Patent

Patent claims directed to an electronic inventory patent recited a covered business method, and moreover are patent-ineligible, said the PTAB in a Final Written Decision in a Covered Business Method (CBM) proceeding.  Life Techno… Read More

No-Contest Clause in Pre-Litigation Settlement Unenforceable

In Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., No. 16-cv-01764-H-AGS (S.D. Cal., June 26, 2017), the Southern District of California held that a clause barring a licensee from contesting the validity of a p… Read More

E.D. Texas Mag.: Device Power Reporting Patent-Ineligible

Patent claims directed to “a power headroom report” recited the “patent-ineligible concept of calculating and reporting the missing power of a network device,” according to the Eastern District of Texas’ Magistrate Judge… Read More

CAFC Affirms PTAB Construction of “Connected to a...Network”

Based on a plain and ordinary meaning – and the patentee’s clear statement in distinguishing prior art during prosecution – the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding of invalidity of patent… Read More

Pleading Patent Infringement: Claim Chart Required (Redux)?

For a plaintiff to state a cause of action for patent infringement, some courts hold that  general allegations – without an infringement claim chart – suffice.  Here are two examples of courts joining other courts at the oth… Read More

“Virtually Free From Interference” Not Indefinite Claim Term

In a precedential and split decision, the Federal Circuit reversed the International Trade Commission and found patent claims reciting the term “virtually free from interference” not indefinite. One-E-Way, Inc., v. Internation… Read More

Patent-Eligibility Lessons from the PTAB (No. 2)

Want an example of a business method patent claim that survived the Alice patent-eligibility test?  Today’s second installment in our series summarizing Patent Trial and Appeal Board (PTAB) patent-eligibility decisions in ex pa… Read More

Digital Advertisement Display Patent Claims Survive Alice

Patent claims directed to displaying digital advertisements have survived a rule 12(b)(6) motion alleging patent-ineligibility under 35 USC § 101 and Alice Corp. Pty Ltd. v. CLS Bank Int’l., although the court did state that th… Read More

Upcoming Webinar

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 12:00 pm EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register

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