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Section 101 Patent Eligibility Roundup: An Informative PTAB Decision, Squires Speaks

The Patent Trial and Appeal Board designated a recent decision as informative. In the decision, Coke Morgan Stewart, Acting Director of the U.S. Patent and Trade Office (USPTO), ended the petitioner's challenges, noting that...more

Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more

Top Section 101 Patent Eligibility Stories of 2021

It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually"). No. 3: More of...more

Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet...more

A Bad Day for this Patent Applicant: Travel Itinerary Applications Ineligible Under Section 101

In the case of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Appeal Board's (PTAB) finding that two of his patent applications...more

Federal Circuit: Method of Creating a Floral Arrangement is an Abstract Idea

In the case of In re Sturgeon, 839 F. App'x 517, 520 (Fed. Cir. 2021), the patent application claimed a method of creating a floral arrangement on an electronic display screen with the following representative claim: A...more

Federal Circuit Invalidates Patent Directed to Customer Loyalty and Rewards System

In cxLoyalty Inc. v. Maritz Holdings Inc., 986 F.3d 1367, 1380 (Fed. Cir. 2021), Patent No. 7,134,087 explained that loyalty programs often issue points to customers as a reward for certain activities and allow the customers...more

Patent Directed to Countering Credit Card Fraud is an Invalid Abstract Idea Under Section 101

In the case of In Re: SARADA MOHAPATRA, Appellant, No. 2020-1935, 2021 WL 408755 (Fed. Cir. Feb. 5, 2021), Sarada Mohapatra sought to overturn a decision of the Patent Trial and Appeal Board (PTAB), holding that his patent...more

Top Section 101 Patent Eligibility Stories of 2020

Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we're gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you...more

Federal Circuit: Patent Directed to Physician to Patient Communication System Abstract, Invalid

Angadibir Singh Salwan is the named inventor on a patent application titled "Physician to Patient Network System for Real-Time Electronic Communications & Transfer of Patient Health Information," which disclosed a private and...more

Weight Loss Patent Application Does Not Survive Section 101 Scrutiny

Earlier this month, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) rejection of a patent application that described a method for weight loss that "removes hunger from...more

Federal Circuit: Crowdsourcing Patent Directed to Invalid, Abstract Idea

A pro se applicant appealed a Patent Trial and Appeal Board (PTAB) decision affirming the rejection of the application's claims. The application entitled, "Method and System for Developing and Evaluating and Marketing...more

USPTO Designates Ex Parte Linden as an Informative § 101 PTAB Decision

The U.S. Patent and Trademark Office (USPTO), on occasion, publishes certain Patent Trial and Appeal Board (PTAB) decisions as precedential or informative. An informative decision provides PTAB norms on recurring issues,...more

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Let It Ride: Gambling Patent Survives Early Section 101 Challenge, Requires Claim Construction

The plaintiff asserted four sports gambling patents against two defendants. The Patent Trial and Appeal Board (PTAB) instituted inter partes review proceedings on three of the asserted patents and defendants moved to dismiss...more

The PTAB Provides Guidance on Patent Eligibility Framework

Earlier this month, the Patent Trial and Appeal Board (PTAB) designated as informative four of its decisions applying the newest patent eligibility framework. This new eligibility framework, based on the United States Patent...more

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