Electric Power Group

CAFC Easily Invalidates Mobile Device Search Patent under Alice: British Telecommunications PLC v. IAC/InterActiveCorp.

Patent claims directed to presenting a user with a “short list” of  “information sources” for selection based on a user location are patent-ineligible under 35 U.S.C. § 101 and the  Alice/Mayo test. British Telecommuni… Read More

§ 101 Patent-Eligibility Turns on a Technical Solution to a Technical Problem: Pebble Tide LLC v. Arlo Technologies

In an interesting dichotomy, patent claims directed to outputting digital content did not survive, but claims directed to social network search output did survive, respective motions to dismiss based on lack of patent-eligible sub… Read More

Patent Claims to Evaluating Body Movement Fail § 101 on Post-Trial Motion: ILife Technologies, Inc. V. Nintendo Of America, Inc.

Patent claims directed to automating collection and interpretation of sensor data are often suspect under the two-part  Mayo/Alice patent-eligibility test under 35 U.S.C. § 101. Not so often, however, do judges do as the court… Read More

Selecting Compression Format in Streaming Digital Video Held Not Patent-Eligible: Adaptive Streaming Inc. v. Netflix, Inc.

Patent claims directed to distributing streaming video data in a first formal and then converting the data to a second format are not patent-eligible, said the court in Adaptive Streaming Inc. v. Netflix, Inc., Case No. SA CV 19-1… Read More

Data Processing Can Be Patent-Eligible, Says Federal Circuit in Koninklijke KPN N.V. v. Gemalto M2M GmbH

A patent claiming a “device for producing error checking based on original data provided in blocks with each block having plural bits in a particular ordered sequence” has survived a patent-eligibility challenge at the Federal… Read More

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