Mayo

Patent Claims Survive Alice Challenge Despite Being Directed to an Abstract Idea: Cellwitch, Inc. v. Tile, Inc.

Patent claims directed to [a] “system for monitoring of location of items” have survived a Rule 12(c) motion for judgment on the pleadings arguing that the claims were patent-ineligible under 35 U.S.C. § 101 and the two-part… 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

October 2019 USPTO Patent-Eligibility Guidance Provides Arguments for Software Patent-Eligibility (Especially Example 45)

The USPTO’s October 17, 2019, patent-eligibility guidance update (and new examples) have received copious attention from law firm commentators and other bloggers. As the PatentlyO blog notes, the USPTO’s guidance doesn’t nec… Read More

Patent Owner Loses under § 101 in CBM Where Claims Not Limited to Technological Innovation Allegedly Disclosed in Patent Specification

All claims of a patent directed to a “security-based order processing technique” are unpatentable under 35 U.S.C. § 101, said the Patent Trial and Appeal Board (PTAB) in a final written decision in a Covered Business Method R… Read More

Details Matter for Patent-Eligibility (and Other Bases for Patent Validity)

An important lesson for patent drafting – disclose and claim as much detail as you can about how the invention works, as opposed to simply what it does – falls out of a Federal Circuit panel’s split decision holding patent-i… Read More

Generic Computer Collecting Data and Using Mathematical Formula is Ineligible

A court held that patent claims directed toward “data collection and mathematical computations are quintessential abstract ideas,” and “[t]he generic equipment underlying the claims does not provide an inventive concept,”… Read More

Your Garage Door Opener Is Not Patent-Eligible

Patent claims directed to a “movable barrier operator,” i.e., controlling a garage door, are not patent-eligible under 35 U.S.C. § 101 and the Alice/Mayo test. Chamberlain Group, Inc. v. Techtronic Industries Co. Ltd., Nos.… Read More

Transmitting Particular Data via Conventional Mode is Ineligible

The Eastern District of Texas recently granted a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in U.S. Patent No. 6,014,089 directed to methods of transmitting… Read More

Lack of Technical Solution in Patent Claims Justifies CBM Review and Alice Ineligibility

Finding that claims of patents directed “to a graphical user interface (‘GUI’) for electronic trading” lacked a technical solution to a technical problem, the Federal Circuit affirmed a Patent Trial and Appeal Board decisi… Read More