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Patent Litigation Today's Popular Updates CLS Bank v Alice Corp

Knobbe Martens

Claim Construction When Uniformly Referring to Aspects of an Invention

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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

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Troutman Pepper

Federal Circuit Review - Issue 274

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274-1 Federal Circuit Revisits American Axle & Manufacturing; Case Remanded to Determine if One of the “Hooke’s Law” Claims is Ineligible under Other Theories of Eligibility - The Federal Circuit recently issued a modified...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - March 2020: Another Patent Ineligible Technology - Adding to the Growing List

We wanted to bring to your attention a recent case out of the Federal Circuit: Customedia v. Dish.  This case focused on patent-eligibility and computer software claims... ...more

McDermott Will & Emery

Patent-Eligible Improvements to Computer Functionality Must Be Directed to an Improvement of the Computer or Network Platform

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Applying the US Supreme Court’s Alice v. CLS framework, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) finding patent claims directed to data management and processing systems...more

McDonnell Boehnen Hulbert & Berghoff LLP

Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)

The latest Federal Circuit decision on subject matter eligibility in the life sciences came down (by a divided court) in favor of eligibility, in Illumina, Inc. v. Ariosa Diagnostics, Inc.  The claims at issue fell into the...more

Nutter McClennen & Fish LLP

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Sheppard Mullin Richter & Hampton LLP

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

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As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

McDermott Will & Emery

Evolving Post-Alice Law on Patent Eligibility

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In two recent cases addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit found the challenged claims patent ineligible. In both cases, the Federal Circuit cited its Enfish...more

Akin Gump Strauss Hauer & Feld LLP

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Weintraub Tobin

Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

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In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an...more

Saul Ewing LLP

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

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On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

Seyfarth Shaw LLP

E-Message Patents Survive Alice Challenge

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Common computer technology has fallen victim to Alice in many recent cases. It is therefore noteworthy that the District of Massachusetts declined to invalidate e-mail management patents under §101 in Sophos v. RPost. ...more

Fenwick & West LLP

Update on Patent Eligibility Decisions for First Quarter, 2016

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Here are the updated numbers for #Alicestorm in the first quarter of 2016. First, the overall trend of decisions...more

Bradley Arant Boult Cummings LLP

Patent Examiners Who Cut Corners in Subject Matter Eligibility Decisions Can Be Reversed

Due to the rapidly shifting requirement for subject matter eligibility, some patent examiners seem to believe that, when it comes to software inventions, they are entitled to assume the invention is not patent eligible...more

Winstead PC

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

Winstead PC on

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

Spilman Thomas & Battle, PLLC

Patent Trolls – What’s the Verdict? A Look at the Impact of the Apple Case

In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Software" Claims Reciting No Structural Components and Having Questionable Novelty Struck Down under 35 U.S.C. § 101

Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more

Fenwick & West LLP

Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance

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In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update addresses a number of the issues and concerns raised in the public comments to the...more

Womble Bond Dickinson

Court Recognizes Alice Decision Potentially Impacts Case by Allowing Late Motion for Judgment on Pleadings

Womble Bond Dickinson on

Mobile Telecommunications Technologies, LLC (“Mobile”), initiated a patent infringement case against United Parcel Service, Inc. (“UPS”), in 2012 on U.S. Patent No. 5,786,748 on a method and apparatus for giving notification...more

Robins Kaplan LLP

9 Key Factors That Impact Patent Valuations

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Figuring out what a patent is worth can often feel like black magic. But, doing so can be critical during an IP due diligence or when trying to assess the value of a company built around the intellectual property. In...more

McDonnell Boehnen Hulbert & Berghoff LLP

Software Patents Are Still Very Useful Despite Alice, But Are Business Method Patents?

Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more

Fenwick & West LLP

Breath of Fresh Air: Software Patent Upheld After Alice

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Last Friday in a note to subscribers, I predicted, tongue-in-cheek, an 80% probability that #AliceStorm would continue this morning.  Some days I’m glad to wrong. Today is one of those days. Yes, a patent eligibility decision...more

Burr & Forman

Federal Circuit Reverses Course, Affirms Patent Ineligibility Ruling in View of Surpreme Court Alice Decision

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On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s...more

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