software patent claims

Patent-Eligibility and Graham v. John Deere

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… Read More

Independent Claim Not Representative for Patent-Eligibility

Considering the patent-eligibility of claims directed to archiving digital assets, the Federal Circuit has affirmed a district court decision invalidating an independent claim under 35 USC § 101 and Alice, while vacating and rema… Read More

Fed. Cir. Holds Real Estate Mapping Claims Patent-Ineligible

If you want an example of the kind of patent-eligibility question that is now easy to resolve under the Alice abstract idea test, look to the Federal Circuit’s non-precedential decision in Move, Inc. v. Real Estate Alliance, No.… Read More

CAPTCHA Patent Claims Survive Alice Challenge

Patent claims directed to “generating a completely automated test to tell computers and humans apart” – i.e., improvements to what you’ve seen on the Internet as “CAPTCHA” – have survived a motion to dismiss alleging… Read More

Fed. Cir. Holds Software Display Claims Patent-Eligible

Here is a Federal Circuit decision that expands the arsenal of cases available to argue for patent-eligibility under 35 U.S.C. § 101 and the Alice abstract idea test. In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., N… Read More