As patent-eligibility stands in 2018, it can be difficult to determine whether a graphical user interface (GUI) with an innovative layout and/or functionality meets the requirements of 35 U.S.C. § 101. On one hand, a GUI is...more
Wordlogic brought an action against Fleksy in the Northern District of Illinois, alleging infringement of U.S. Patent Nos. 7,681,124 and 8,552,984. Flesky moved to dismiss the case under Rule 12(b)(6), on the grounds that...more
Mastermine brought a patent infringement action against Microsoft in the District of Minnesota. At issue were four claims of U.S. Patent No. 7,945,850 and three claims of U.S. Patent No. 8,429,518. After claim construction...more
Intellectual Ventures I (IV) brought an action against Erie Indemnity Company in the Western District of Pennsylvania, alleging infringement of U.S. Patent No. 7,757,298. Erie filed a motion to dismiss under Rule 12(b)(6),...more
Two-Way Media brought an action against Comcast in the District of Delaware, claiming infringement of U.S. Patent Nos. 5,778,187, 5,983,005, 6,434,622, and 7,266,686. The District Court dismissed the case on the pleadings,...more
When a district court judge states that "[o]ne could say this case is about a patent that claims too much and a legal test that provides too little," it is not hard to guess which way the case is going to go (the patent gets...more
An Obviousness Rejection in Patent-Eligibility Clothing? -
In Mayo v. Prometheus, the Supreme Court wrote "[w]e recognize that, in evaluating the significance of additional steps, the § 101 patent-eligibility inquiry and,...more
Recognicorp, owner of U.S. Patent No. 8,005,303, sued Nintendo for infringement in the U.S. District Court for the District of Oregon. After a transfer to the U.S. District Court for the Western District of Washington and...more
Federal Circuit Finds Motion Tracking System to be Patent-Eligible -
After the dark days of 2014 and 2015, in which exactly one Federal Circuit decision out of over twenty 35 U.S.C. § 101 challenges was found to meet the...more
The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine...more
Amdocs sued Openet in the Eastern District of Virginia, alleging infringement of U.S. Patent Nos. 7,631,065, 7,412,510, 6,947,984, and 6,836,797. Openet moved for judgment on the pleadings on the grounds that all four...more
Synopsys brought a patent infringement action against Mentor Graphics in the Northern District of California, alleging infringement of various claims of U.S. Patent Nos. 5,530,841, 5,680,318, 5,748,488, and 6,836,420. Claim...more
Patentee McRO sued a number of video game developers and publishers in the Central District of California and the District of Delaware for alleged infringement of U.S. Patent Nos. 6,307,576 and 6,611,278. Several of the...more
9/14/2016
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Enfish v Microsoft ,
Oral Argument ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Ultramercial v Hulu ,
Video Games
Core Wireless Licensing brought an action against LG Electronics in the Eastern District of Texas. Core contended that LG infringed claim 21 of its U.S. Patent No. 7,804,850. LG moved for summary judgment on the grounds...more
8/31/2016
/ Abstract Ideas ,
Bascom Global v AT&T Mobility ,
CLS Bank v Alice Corp ,
Enfish v Microsoft ,
LG Electronics ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Summary Judgment
Douglas M. Shortridge, the named inventor of U.S. Patent No. 8,744,933, sued Foundation Construction Payroll Service, LLC ("Foundation") for infringement thereof in the U.S. District Court for the Northern District of...more
This case is notable mainly because it is the first Federal Circuit decision to distinguish itself from Enfish LLC v. Microsoft Corp., and also because it is another reminder that the wall between patentable subject matter,...more
Some things are rare. A visit from Halley's comet . . . the Chicago Cubs winning the World Series . . . a season of Game of Thrones without a major character's death . . . and a Federal Circuit panel finding claims that pass...more
Plaintiff Peschke Map Technologies ("Peschke") sued Rouse Properties ("Rouse") for infringement of U.S. Patent No. 6,397,143, directed to a computer-based map navigation and display system. Rouse filed a 12(b)(6) motion to...more
Voxathon sued Alpine, and a number of defendants that manufacture automobiles, for infringement of U.S. Patent No. 6,442,261. According to the Court, the patent "relates to computer-implemented systems and methods for...more
Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. The seven stories...more
1/22/2016
/ America Invents Act ,
Chevron Deference ,
CLS Bank v Alice Corp ,
En Banc Review ,
Limelight v Akamai ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Sandoz v Amgen ,
Section 101 ,
Sequenom ,
USPTO
As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been...more
1/7/2016
/ CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Exceptional Case ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
Software Patents ,
Totality of Circumstances Test
On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("July Update"). In the July Update, the Office provided recommendations and resources for examiners in addition to those...more
11/6/2015
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Examiners ,
Guidance Update ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
SCOTUS ,
Software Patents ,
USPTO
On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("July Update"). The update provided recommendations and resources for examiners in addition to those in the Office's...more
11/4/2015
/ Abstract Ideas ,
American Bar Association (ABA) ,
AMP v Myriad ,
CLS Bank v Alice Corp ,
Guidance Update ,
Intellectual Property Protection ,
Inventions ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
SCOTUS ,
TRIPS Agreement ,
USPTO
USPTO SealAs the fallout from the Supreme Court's Alice Corp. v. CLS Bank Int'l case makes its way through the federal courts and the U.S. Patent and Trademark Office (USPTO), applicants and patentees continue to struggle...more
On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("Eligibility Update"). This update provides recommendations and resources for examiners in addition to those in the...more
8/26/2015
/ Abstract Ideas ,
Bilski ,
CLS Bank v Alice Corp ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
New Guidance ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Preemption ,
SCOTUS ,
Ultramercial v Hulu ,
USPTO