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
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
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
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
Laches Bars Claim to Change Inventorship on Issued U.S. Patent -
On February 16, 2016, the Federal Circuit issued an opinion in a case captioned Hedwig Lismont v. Alexander Binzel Corp. This appeal arises from an...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
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
Generic Software Claims Found Ineligible under § 101 -
A common theme found in recent patent litigation is that software claims lacking detail are more likely to be found invalid under 35 U.S.C. § 101.
The U.S....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
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
Most software or computer-related patent applications today include a number of different types of claims, such as method claims, device claims, and computer-readable medium (CRM) claims. Such CRM claims are usually directed...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
Thomas Steed, Sourav Bhattacharya, and Sandeep Seshadrijois (collectively "Steed") filed a patent application entitled "Web-Integrated On-Line Financial Database System and Method for Debt Recovery," on April 6, 2004, with...more
10/6/2015
/ Due Diligence ,
Due Process ,
Evidence ,
Inventors ,
Obviousness ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Pro Se Litigants ,
Reduction to Practice ,
USPTO ,
Waivers