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Appeals Patent-Eligible Subject Matter Alice/Mayo

Knobbe Martens

Federal Circuit Review - September 2024

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Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more

A&O Shearman

Federal Circuit Upholds Invalidation Of Photo-Tagging Patents Under 35 U.S.C. § 101 And Alice/Mayo

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On September 17, 2024, Judges Taranto, Chen and Cunningham of the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the invalidation of a patent belonging to Angel Technologies Group, LLC and dismissed...more

McDermott Will & Emery

Stay Focused: New Point of View of Patent Eligibility

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The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized...more

Knobbe Martens

Combining Abstract Ideas Does Not Make Them Less Abstract

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Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the Western District of Texas. Summary: When assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make...more

Knobbe Martens

Specify the Steps of Information Manipulation or Lose under § 101

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Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite result-orientated, functional language without specifying the...more

McDermott Will & Emery

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

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

McDermott Will & Emery

House Rules: Remote Gambling Activity Claims Go Bust

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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

Knobbe Martens

Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet

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Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024 #2

Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more

McDermott Will & Emery

Patenting Web Advertising? Ask Alice, I Think She’ll Know

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In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2024 #2

Pfizer Inc. v. Sanofi Pasteur Inc., Appeal Nos. 2019-1871, -1873, -1875, -1876, -2224 (Fed. Cir. Mar. 5, 2024) This week’s Case of the Week mostly resolves an appeal filed five years ago, following decisions from the...more

McDermott Will & Emery

Struggling to Master the Alice Two-Step: Search Result Display Ineligible for Patent Protection

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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

McDermott Will & Emery

Should This Be an Alice Two-Step or a Section 112 Enablement Waltz?

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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

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Finds RFID Tagging Claims Patentable Under 35 U.S.C § 101

On December 16, in Adasa Inc. v. Avery Dennison Corporation, the Federal Circuit upheld patentability of claims reciting an RFID transponder with storage for a particular type of serial number—affirming the district court’s...more

McDermott Will & Emery

The Name of the Game Is the Claims, Even if Specification Is Shared

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Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their...more

McDermott Will & Emery

Standard Computer Equipment Can Support Inventive Concept under Alice Step 2

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The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed...more

McDermott Will & Emery

Standard Techniques Applied in Standard Way to Observe Natural Phenomena? Not Patent Eligible

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In what may be another blow to diagnostic patents, the US Court of Appeals for the Federal Circuit affirmed the patent ineligibility of claims that it held to be directed to detecting natural phenomena by conventional...more

Mintz - Intellectual Property Viewpoints

SCOTUS Declines to Answer Calls for Clarification in American Axle v. Neapco

The United States Supreme Court denied certiorari in the closely observed case American Axle & Manufacturing, Inc., v. Neapco Holdings LLC. The Court’s refusal to hear the case disappointed patent practitioners nationwide—and...more

Holland & Knight LLP

Federal Circuit: Characterization of an Invention Must Reflect the Claimed Invention

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In Mentone Solutions LLC v. Digi International Inc., 2021 WL 5291802 (Fed. Cir. Nov. 15, 2021) the U.S. Court of Appeals for the Federal Circuit reversed the U.S. District Court for the District of Delaware and former Chief...more

McDermott Will & Emery

Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract

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

Holland & Knight LLP

Federal Circuit Confirms Data Privacy Patent Is an Invalid Abstract Idea under Section 101

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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

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Reconsidered: The Federal Circuit's Enfish Interpretation of Mayo-Alice

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

Holland & Knight LLP

Federal Circuit Narrows its Prior Decision; Court is Still Torn on Section 101 Patent Eligibility

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Following a combined petition for rehearing and rehearing en banc filed by patent owner American Axle, the U.S. Court of Appeals for the Federal Circuit has modified its earlier opinion. In that earlier decision – described...more

McDermott Will & Emery

“Method of Preparation” Claims Still Patent Eligible Under § 101 in Modified Opinion

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The US Court of Appeals for the Federal Circuit denied an accused infringer’s petition for rehearing en banc and issued a modified opinion with additional analysis maintaining its prior finding that patent claims directed to...more

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