patent-eligibility

Lessons of Yu v. Apple: The Law of § 101 Patent-Eligibility Is Chaos

Here is a case that both demonstrates the dysfunction of U.S. patent law with respect to eligible subject matter under  35 U.S.C. § 101, and offers lessons for practitioners wishing to buttress the patent-eligibility of their cl… Read More

Automated Crop Growing and Monitoring Patents Pass Alice Test: Vineyard Investigations v. E. & J. Gallo Winery

In denying a motion to dismiss for lack of patent-eligible subject matter under 35 U.S.C. § 101, a court determined that U.S. Patents 8,528,834 and 6,947,810, relating to using sensors and data for growing and automated monitorin… Read More

Simio, LLC v. FlexSim Software Products, Inc.: Important Precedent for § 101 Patent-Eligibility of Software (or Lack Thereof)

The Federal Circuit ended 2020 with a precedential opinion holding that patent claims directed to providing a graphical user interface for controlling a software object’s behavior were patent-ineligible under the Alice/Mayo test… Read More

Image Display Patents Fail Alice Test: Gabara v. Facebook, Inc.

In granting a motion to dismiss for lack of patent-eligible subject matter under 35 U.S.C § 101, a court determined that patents relating to moving a portable unit to view an image of a stationary map and using a portable wireles… Read More

CAFC Split Favors Patent-Eligibility of Network Monitoring Claims: Packet Intelligence LLC v. NetScout Systems, Inc.

A split Federal Circuit panel disagreed whether patent claims directed to network monitoring for whether received packets belong to a particular “conversational flow” are directed to an abstract idea. Judge Lourie was joined b… Read More