On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the...more
On July 17th, the USPTO issued a guidance update to help USPTO personnel and those who interact with the agency evaluate the subject matter eligibility of claims in patent applications involving artificial intelligence (AI)....more
On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more
On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more
In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more
The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to...more
The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed...more
Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter...more
Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more
This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101...more
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent...more
People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more
CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more
Introduction - The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to...more
In an appeal from a final rejection of a pending application, the US Court of Appeals for the Federal Circuit held that claims directed to methods for determining “haplotype phase” were correctly rejected as subject matter...more
The U.S. Court of Appeals for the Federal Circuit looked at a patent directed to a data privacy system that described users operating mobile device apps to "socialize, bank, shop, and navigate." As users operate such apps,...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more
The esteemed authors of Patent Docs have written of the need to reconsider the Federal Circuit's approach to section 101 eligibility, given the court's latest expansion and en-banc vote on subject-matter eligibility in AAM v....more
On remand from the Federal Circuit, the U.S. District Court for the Northern District of California once again found patents directed to a method of modifying computer toolbars without user interaction invalid under Section...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that a patent claim directed to a delivery notification system was subject matter ineligible under 35 U.S.C. § 101....more
Late last week, the U.S. Court of Appeals for the Federal Circuit delivered ShoppersChoice.com the affirmation it ordered in Electronic Communication Technologies, LLC (ECT) v. ShoppersChoice.com, LLC. In doing so, the court...more
The US Court of Appeals for the Federal Circuit found that patent claims directed to a communication system were patent eligible under 35 U.S.C. § 101 because the claimed invention changes the normal operation of a...more
IN RE: CHRISTOPHER JOHN RUDY - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility...more
By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It...more