Electric Power Group

Determining Patent-Eligibility Requires Claim Construction!(?)

In a decision that Judge Lourie in dissent described as “based on a claim construction issue that is little more than a mirage,” a Federal Circuit panel vacated and remanded a district court’s Rule 12(c) judgment on the plea… Read More

No Technical Improvement Means No Patent-Eligibility

Here is a case illustrating a far from unusual scenario that also illustrates the morass of the current law of patent-eligibility under the Mayo/Alice test and 35 U.S.C. § 101. In NetSoc, LLC. v. Match Group, LLC, No. 3:18-CV-018… Read More

Patent-Eligibility Not Supported by an Ordered Combination of Generic Technology Elements

Patent claims reciting “buying and selling an item relating to unique subjects” unsurprisingly could not meet the patent-eligibility bar of 35 U.S.C. § 101 and the Alice/Mayo test when the patent owner appealed a lower court… Read More

Can One Predict Patent-Eligibility at the Federal Circuit?

Some claims directed to a computer spreadsheet are patent-eligible, while others are not, said the Federal Circuit in Data Engine Techs. LLC v. Google LLC (Fed. Cir. 2018) (precedential).  The District of Delaware had granted a… Read More

Modifying Toolbars in Internet Apps Held Patent-Ineligible

A district court has granted a Rule 12 motion for judgment on the pleadings, holding that claims of two patents directed to modifying toolbars of Internet applications are patent-ineligible under the Alice test and 35 USC § 101.… Read More

Fed. Cir. Holds Real Estate Mapping Claims Patent-Ineligible

If you want an example of the kind of patent-eligibility question that is now easy to resolve under the Alice abstract idea test, look to the Federal Circuit’s non-precedential decision in Move, Inc. v. Real Estate Alliance, No.… Read More

Upcoming Webinar

PTAB Practice: Recent Developments in Estoppel
November 21, 2019 at 12:00 pm EST
There are a wide range of estoppel issues that may be triggered under the America Invents Act (AIA) as a result of proceedings before the Patent Trial and Appeal Board (PTAB).  These estoppel issues complicate decision making in pursuing parallel pr…Register

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