Life Technologies Corp. filed a petition requesting covered business method (CBM) patent review of a number of claims of U.S. Patent No. 6,996,538. The PTAB determined that the claims are unpatentable under 35 U.S.C. § 101...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In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow,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
HP Inc. and SAP America, Inc. filed a Petition seeking a covered business method (CBM) patent review of claims 15 and 20–34 of U.S. Patent No. 6,343,275 owned by Big Baboon, Inc. The PTAB, however, determined that the...more
7/21/2016
/ Administrative Patent Judges ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Estoppel ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Software Patents
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
/ Abstract Ideas ,
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
Patent Having Claims That Apply Law of Nature Is Patent-Eligible -
On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent...more
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
Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar -
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more
6/7/2016
/ aBLA ,
Amended Regulation ,
America Invents Act ,
Amgen ,
Apotex ,
Appeals ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Community Trademark ,
Declaratory Judgments ,
EU ,
Filing Fees ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Inventions ,
Notice Requirements ,
On-Sale Bar ,
Patent Dance ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Popular ,
Preliminary Injunctions ,
Prior Art ,
Public Use ,
Renewal Fees ,
Sandoz ,
Sandoz v Amgen ,
Trademark Registration ,
Uniform Commercial Code (UCC) ,
USPTO
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to...more
Patent Directed to Geographic Parcel Boundary Maps (for Tax Purposes) Not a Covered Business Method -
On May 24, 2016, the U.S. Patent Office Patent Trial and Appeal Board (PTAB) issued a decision denying institution of...more
Directory Assistance Call Completion Is Not A Financial Service for CBM Purposes -
On May 4, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a Covered Business Method (CBM)...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
On Monday, May 9, 2016, the U.S. Patent and Trademark Office published information on Patent Trial and Appeal Board (PTAB) trials regarding motions to amend claims. The Acting Chief Administrative Patent Judge, Nathan...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
Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent -
On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution...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
U.S. Patent to Consumer Marketing, Based on Avatar Choices, Survives § 101 Challenge -
On March 22, 2016, the U.S. District Court for the District of Delaware issued a Memorandum Opinion in a case captioned Treehouse...more
After Multiple CBM Petitions, Motorola Invalidates Software Patent -
On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review...more
U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review -
On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business...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
Typical "Business Method Patent" Struck Down by PTAB using CBM Review -
On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more
On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents...more
Antitrust Violation Found in Patent Infringement Litigation, and (Trebled) Attorney Fees for Defending Infringement Awarded as Damages -
On February 10, 2016, the Federal Circuit issued an opinion in a case captioned...more
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