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…
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Patent claims can survive a patent-eligibility challenge under Alice and 35 U.S.C. § 101 even without a showing of a technological improvement. In Dailygobble, Inc. v. SCVNGR, Inc., Case No. CBM2018-00002 (May 8, 2018), the USP…
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After a patent examiner in a business methods art unit rejects claims as patent-ineligible under 35 USC § 101 and the Alice test, what does it take for the PTAB to reverse? Here is an example of an ex parte appeal in which the PT…
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A complaint for patent infringement has survived a Rule 12 motion to dismiss by making specific factual allegations to support arguments that the claims met the patent-eligibility requirements of Alice and 35 U.S.C. § 101.
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Providing a common data format for “out-of-band network management” is patent-eligible, said a court in denying a motion to dismiss under FRCP 12 and 35 U.S.C. § 101. Avocent Huntsville LLC v. ZPE Systems, Inc., No. 3:17-cv…
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In affirming a district court’s grant of summary judgment of patent-ineligibility under 35 U.S.C. § 101, a Federal Circuit panel provided some reassurance to those who were unsettled by the court’s recent dicta in Berkheimer…
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Claims from two out of three patents for providing haptic feedback to computer users survived a motion to dismiss based on a patent eligibility challenge under the Mayo/Alice test and 35 U.S.C. § 101. Considering their character…
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Claims directed to “providing an internet third party data channel” were held invalid at the pleadings stage under 35 U.S.C. § 101 and the two-part Alice patent-eligibility test because the claims attempt “to monopolize the…
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Claims reciting a “method of playing back a recorded signal” are “directed to the [patent-ineligible] abstract idea of choosing to playback media with or without playback preferences,” held the court in D&M Holdings, I…
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In vacating a motion to dismiss because it disagreed with a district court’s finding that patent claims were “invalid as directed to ineligible subject matter under 35 USC § 101,” a Federal Circuit panel has made explicit a…
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