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…
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In an interview published by the Intellectual Property Owner’s Association, Senator Thom Tillis (R-N.C.) addressed the question many have asked: is Congress going to fix the § 101 patent-eligibility mess? The answer? Not any ti…
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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…
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Patent claims directed to “alert and notification” are ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test, said a Delaware magistrate judge, recommending granting a Rule 12(b)(6) motion t…
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Claims directed to a virtual smartphone that could be displayed on a vehicle touchscreen are patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test, held the court in KCG Technologies, LLC v…
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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…
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Proving that application of the Mayo/Alice patent-eligibility test remains unpredictable and inconsistent, patent claims directed to a security system that monitors “premises using a graphical floor plan” have survived a motio…
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Patent claims directed to a “method for processing paper checks” are invalid under 35 U.S.C. § 101 and the Mayo/Alice abstract idea test, the Federal Circuit held in Solutran, Inc. v. Elavon, Inc., Nos. 2019, 1345, 2019-1460…
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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…
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Finding that competing expert declarations raised a factual question concerning whether claims recited an inventive concept, a Delaware magistrate judge found that a summary judgment motion for invalidity of claims of U.S.…
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