Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court for the Eastern District of Michigan on two of his software patents -- United States Patent Nos. 8,713,134 and 9,141,720. ...more
Eastern District of Texas and PTAB Issue Conflicting Decisions on Same Patent -
IV sued J. Crew for patent infringement of three patents: U.S. Patent Nos. RE43,715, 6,782,370, and 5,969,324. J. Crew filed a Motion to...more
Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more
In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more
7/26/2016
/ Abstract Ideas ,
Applications ,
Inventors ,
LendingTree ,
Loans ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents ,
USPTO ,
Zillow
On June 21, 2016, the U.S. District Court for the Central District of California issued an order granting a motion to dismiss pursuant to Rule 12(b)(6) for lack of patentable subject matter under 35 U.S.C. § 101. Defendants...more
The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more
6/28/2016
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AT&T Mobility ,
CLS Bank v Alice Corp ,
Failure To State A Claim ,
Internet Service Providers (ISPs) ,
Patent Infringement ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Reversal ,
Section 101 ,
Software Patents
Electronic Delivery of Messages Equated to U.S. Post Office Services -
On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC...more
Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable?
On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents...more
"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible -
On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying...more
PTAB Not Bound by Prior District Court Ruling on § 101 -
On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung...more
U.S. District Court Disagrees with PTAB -
On March 25, 2016, the U.S. District Court for the District of Nevada issued an Order in a case captioned Global Cash Access, Inc. v. NRT Technology Corp., and NRT Technologies,...more
PTAB Ignores District Court Claim Construction, Finds Patent Invalid -
On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more
3/18/2016
/ Abstract Ideas ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
CLS Bank v Alice Corp ,
Covered Business Method Proceedings ,
Motion to Amend ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
SCOTUS
By Joseph Herndon -- The test for what is patentable subject matter under 35 U.S.C. § 101 in the United States has become quite difficult to understand. In Alice Corp. v. CLS Bank, the Supreme Court provided a two-step test...more
Producing "digital labels" is Patent Eligible under § 101 -
On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream...more
Coupon Patent Easily Found Invalid under § 101 -
On January 12, 2016, the District Court for the District of Delaware issued an opinion in a case captioned Motivation Innovations, LLC v. Petsmart, Inc. Plaintiff,...more
Financial Services Patent Claims Invalid -
On January 20, 2016, the Federal Circuit issued an opinion in the case captioned Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc. This case involves patent...more
Genband US LLC sued Metaswitch for infringement of claims of U.S. Patent No. 6,772,210 ("the '210 Patent") and U.S. Patent No 7,047,561 ("the '561 Patent") in the U.S. District Court for the Eastern District of Texas...more
Patent Eligibility Requires Consideration of the Claim as a Whole -
The U.S. District Court for the Northern District of Ohio (Eastern Division) issued an opinion on December 21, 2015 in the case captioned 01 Communique...more
Patent Claims (and Specification) Lacking in Detail Fail under 35 U.S.C. § 101 -
The Federal Circuit issued an opinion on December 28, 2015 in the case captioned Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA,...more
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
The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office has likely seen an increase in the number of appealed rejections under 35 U.S.C. § 101 due to the Supreme Court's decision in Alice Corp. Pty. Ltd. v....more