In 2018, the U.S. Court of Appeals for the Federal Circuit assessed Patent RE40,449, titled "Auto-Verifying Voting System and Voting Method." An exemplary claim is below: A method for voting providing for self-verification of...more
In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible....more
It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more
8/26/2024
/ Abstract Ideas ,
Alice Corporation ,
Artificial Intelligence ,
Chevron Deference ,
Gaming ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
Means-Plus-Function ,
NIST ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Section 101 ,
USPTO
Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more
8/14/2024
/ Airlines ,
Booking.com ,
Computer Fraud and Abuse Act (CFAA) ,
Counterclaims ,
Defamation ,
Jury Verdicts ,
Online Travel Vendors ,
Ryanair ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Vicarious Liability
Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more
The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more
Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching...more
In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more
Sens. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) on June 22, 2023, introduced the Patent Eligibility Restoration Act of 2023. My key takeaway from the text of the legislation is that Tillis and Coons are trying to walk the...more
The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more
In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more
It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more
Over the past couple months, there has been a constant onslaught of opinions related to artificial intelligence (AI) – typically ChatGPT – and the legal profession, often hinting that AI will eventually put attorneys out of...more
We have extensively covered the efforts of Sen. Thom Tillis (R-N.C.) and others to reform Section 101 of the Patent Act, from draft bills to congressional hearings. And after the U.S. Supreme Court said "thanks, but no...more
You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year ...more
In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. Mass. Sept. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads...more
We have a few brief Section 101 updates starting, unsurprisingly, with … Roughly one month after the U.S. Supreme Court rejected the American Axle petition, Sen. Thom Tillis (R-NC) has released the first draft of his Patent...more
Linquet Technologies owns U.S. Patent No. 10,163,318, which claims a system for "detecting placement or misplacement of an abject." The patent introduces the invention: A wireless tag to be associated with the object to be...more
Sidekick Technology owns 12 patents broadly claiming systems, methods and apparatuses for providing automobile market information and performing or facilitating automobile transactions. Looking at the 12 patents-in-suit, the...more
I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more
In a recent case decided by the U.S. District Court for the Southern District of New York, the plaintiff, Max Rady, alleged that he developed a method to "record to a blockchain the individual identification signatures of...more
In Travel Sentry, Inc. v. Tropp, 2022 WL 443202 (Fed. Cir. Feb. 14, 2022), Mr. Tropp alleged infringement of two of his related patents. The parties agreed at the U.S. District Court for the Eastern District of New York that...more
The U.S. Patent and Trademark Office (USPTO) has introduced its Deferred Subject Matter Eligibility Response Pilot Program, which will evaluate the effects of permitting applicants to defer responding to subject matter...more
It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually").
No. 3: More of...more
In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more