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Holland & Knight LLP

Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

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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

Knobbe Martens

Lack of Specificity in the Specification Creates Patent Eligibility Issues

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UNIVERSAL SECURE REGISTRY LLC v. APPLE INC. Before Taranto, Wallach, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: A patentee’s reference to existing known methods and techniques in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Yu v. Apple (Fed. Cir. 2021)

When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics that it considered under the abstract idea exception were limited to types of financial transactions. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

Jones Day

PTAB Reconciles Its Prior §101 Ruling With CBM Institution

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Following guidance from the Federal Circuit, the PTAB has vacated a previous Board decision granting Covered Business Method review in Apple, Inc. v. Universal Secure Registry LLC (P.T.A.B. Dec. 3, 2018). The PTAB’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Yu v. Apple Inc. (N.D. Cal. 2019)

Patent Claims for Digital Camera Are Not Patent Eligible - In two related actions in the U.S. District Court for the Northern District of California brought by Yanbin Yu and Zhongxuan Zhang (patentee), Apple Inc. and...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Foley & Lardner LLP

Federal Circuit Knocks Out Patents After CBM Challenge

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Apple successfully invalidated three patents for failure to recite patent eligible subject matter. Apple, Inc. v. Ameranth, Inc., 2015-1792, 2015-1793 (Fed. Cir. 2016). The patents relate to synchronous communication systems...more

McDonnell Boehnen Hulbert & Berghoff LLP

Samsung Electronics America, Inc. v. Smartflash LLC (PTAB 2016)

PTAB Not Bound by Prior District Court Ruling on § 101 - On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung...more

Winstead PC

Still Alice: Not all software patents are being invalidated under Alice Corp. v. CLS Bank Int’l

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On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice). In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk in...more

McDermott Will & Emery

A Solution to Business Problems May Not Be a Technological Invention - Apple Inc. v. Smartflash LLC

Addressing the standard for instituting a covered business method (CBM) review, as well as patent eligibility issues under 35 U.S.C. § 101, the Patent Trial and Appeal Board (PTAB or Board) found patents related to payment...more

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