U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review -
On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business...more
PTAB Ignores District Court Claim Construction, Finds Patent Invalid -
On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more
3/18/2016
/ Abstract Ideas ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
CLS Bank v Alice Corp ,
Covered Business Method Proceedings ,
Motion to Amend ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
SCOTUS
By Joseph Herndon -- The test for what is patentable subject matter under 35 U.S.C. § 101 in the United States has become quite difficult to understand. In Alice Corp. v. CLS Bank, the Supreme Court provided a two-step test...more
Producing "digital labels" is Patent Eligible under § 101 -
On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream...more
Financial Services Patent Claims Invalid -
On January 20, 2016, the Federal Circuit issued an opinion in the case captioned Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc. This case involves patent...more
Genband US LLC sued Metaswitch for infringement of claims of U.S. Patent No. 6,772,210 ("the '210 Patent") and U.S. Patent No 7,047,561 ("the '561 Patent") in the U.S. District Court for the Eastern District of Texas...more
Generic Software Claims Found Ineligible under § 101 -
A common theme found in recent patent litigation is that software claims lacking detail are more likely to be found invalid under 35 U.S.C. § 101.
The U.S....more
Patent Eligibility Requires Consideration of the Claim as a Whole -
The U.S. District Court for the Northern District of Ohio (Eastern Division) issued an opinion on December 21, 2015 in the case captioned 01 Communique...more
Patent Claims (and Specification) Lacking in Detail Fail under 35 U.S.C. § 101 -
The Federal Circuit issued an opinion on December 28, 2015 in the case captioned Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA,...more
Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more
The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office has likely seen an increase in the number of appealed rejections under 35 U.S.C. § 101 due to the Supreme Court's decision in Alice Corp. Pty. Ltd. v....more
Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more
6/2/2015
/ America Invents Act ,
CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Section 101 ,
Software ,
Software Developers
In This Issue:
- “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us
- USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter
- Functional Claim...more