Berkheimer

Patents Claim E-commerce not Technical Solution, Fail § 101

A court found that claims of two patents were ineligible under 35 U.S.C. §101 and the Alice/Mayo test because the claims were all “directed to the same economic practice: the idea of presenting discounts or offers for goods a… Read More

Courts Splits Patent-Eligibility of Method and System Claims

The Central District of California recently granted, in part, a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,934,535,  directe… Read More

Phone Registration Verification Patents Easily Fail Alice

Claims of four patents directed to using a telephone to verify a person registering for an account are invalid under 35 U.S.C. § 101 and the Alice patent-eligibility test, the court held in TeleSign Corporation v. Twilio, Inc.,… Read More

Berkheimer Stops Patent-Eligibility Motion at Pleading Stage

Saying that a defendant’s patent-eligibility challenge raised questions of fact under Berkheimer v. HP Inc. (Fed. Cir. 2018), a District Court has denied a motion for judgment on the pleadings under FRCP 12(c) concerning U.S. P… Read More

DDR and Bascom Don’t Save Internet Monitoring Patents

Patent claims directed to monitoring Internet activity “to increase the objectivity of the search results returned responsive to a search for talented original content creators” were held invalid under the Alice/Mayo abstract… Read More

Berkheimer Prompts USPTO to Modify § 101 Exam Procedure

Following the Federal Circuit’s recent discussion in Berkheimer v. HP, Inc., of the requisite factual inquiry when applying the Alice/Mayo patent-eligibility test of 35 U.S.C. § 101, United States Patent and Trademark Office ha… Read More

Will Berkheimer Chill Alice-Based Rule Motions to Dismiss?

A district court faced with a defendant’s motion to dismiss has ordered supplemental briefing because “Berkheimer v. HP, Inc. (Fed. Cir. Feb. 8, 2018)] may impact the analysis to be applied at the motion to dismiss stage under… Read More

Upcoming Webinar

The February webinar is being presented by Bryan Hart, Associate at Bejin Bieneman, who will discuss recent developments related to design patents. In particular, Mr. Hart will discuss the Federal Circuit’s decision in In re Maatita in August and…Register

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