patent-eligibility

Patent Plaintiff Losing on Alice Isn’t an Exceptional Case

There was no exceptional case under 35 U.S.C. § 285 where a plaintiff filed and prosecuted a complaint alleging infringement of a patent whose claims were held invalid for failure to claim patent-eligible subject matter under 35… Read More

Mobile Info Retrieval and XML Management Fail Alice Test

In companion cases decided the same day, the Federal Circuit has held invalid, as failing the patent-eligibility requirements of the Alice case and 35 U.S.C. § 101, claims of three patents owned by Intellectual Ventures, two of w… Read More

Can Legislation Resolve the Patent-Eligibility Mess?

A recent proposal by the Intellectual Property Owners Association for amending 35 U.S.C. § 101 to attempt to clarify the law of patent-eligibility has garnered a lot of attention.  In essence, the IPO proposes to curtail, if not… Read More

When Does Novelty Confer Patent-Eligibility?

Refusing to consider only elements of patent claims that differed from the prior art in considering patent-eligibility under the test of Alice Corp. v. CLS Bank and 35 U.S.C. § 101, a court has denied a defendant’s motion to di… Read More