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Patent Infringement Abstract Ideas Section 101

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

McDermott Will & Emery

Not Just a Blip: Section 101 as Affirmative Defense

McDermott Will & Emery on

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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #2

Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract

The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more

Knobbe Martens

Claim Construction When Uniformly Referring to Aspects of an Invention

Knobbe Martens on

Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more

McDermott Will & Emery

Invoking Generic Need for Claim Construction Won’t Avoid § 101 Dismissal

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more

Irwin IP LLP

Automating Without Innovating: Patents Held Invalid

Irwin IP LLP on

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

Haug Partners LLP

Hantz Software LLC v. Sage Intacct, Inc.

Haug Partners LLP on

In Hantz Software, LLC, v. Sage Intacct, Inc.1, the Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of California to invalidate patents that are ineligible under...more

BakerHostetler

The Scope of Eligibility

BakerHostetler on

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

Irwin IP LLP

Maintaining § 101 “Till the Cows Come Home”: ChromaDex, Inc. v. Elysium Health, Inc., 2022-1116, (Fed. Cir. Feb. 13, 2023)

Irwin IP LLP on

In a patent dispute between plaintiffs ChromaDex and Dartmouth College and defendant Elysium Health over spilled milk, the Federal Circuit affirmed the Delaware District Court’s grant of summary judgment in favor of the...more

Knobbe Martens

Claim Directed to Specific, Hardware-Based Data Structure That Enables Technological Improvement Is Eligible Under § 101

Knobbe Martens on

ADASA INC. v. AVERY DENNISON CORPORATION - Before Moore, Hughes and Stark.  Appeal from the United States District Court for the District of Oregon. Summary: A claim directed to a specific, hardware-based data...more

Knobbe Martens

Federal Circuit Review - October 2022

Knobbe Martens on

Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims - In Weisner v. Google LLC, Appeal No. 21-2228, the Federal Circuit held that the specific implementation of an abstract idea, such as improving Internet...more

Knobbe Martens

A Computer Method Claim Must Improve the Functions of the Computer to Survive § 101

Knobbe Martens on

Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C....more

Knobbe Martens

Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims

Knobbe Martens on

WEISNER v. GOOGLE LLC - Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary: The specific implementation of an abstract idea, such as improving...more

Knobbe Martens

Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

Knobbe Martens on

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

Manatt, Phelps & Phillips, LLP

Improved Method for Overcoming Hacking by Turning On and Off Authentication Held Patent Eligible

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible. The court held...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

Snell & Wilmer

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

Snell & Wilmer on

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more

McDermott Will & Emery

Federal Circuit Reverses Judge Stark Decision, Finds Computer Network Patent Eligible

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that a representative claim was directed to a patent-eligible improvement to computer functionality, and therefore reversed a decision authored by Judge Leonard P....more

Fox Rothschild LLP

Judge Stark Denies Defendant’s Motion to Dismiss Under 35 U.S.C. § 101 After Finding Patent-in-Suit Is Not Directed to an Abstract...

Fox Rothschild LLP on

By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc., Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to...more

Knobbe Martens

Defeating the Duo: Jumping to Alice Step Two

Knobbe Martens on

COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC - Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Patent claims directed to...more

Knobbe Martens

Lack of Specificity in the Specification Creates Patent Eligibility Issues

Knobbe Martens on

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

Knobbe Martens

One Abstract Idea + Another Abstract Idea = An Abstract Idea

Knobbe Martens on

In Re PERSONALWEB TECHNOLOGIES LLC - Before Prost, Lourie, and Reyna. Appeal from the District Court for the Northern District of California. A patent directed to a medley of mental processes with no inventive concept...more

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