Court Grants Exceptional Case/Attorney Fees When Software Patent Has Invalid Claims under § 101 -
In the U.S. District Court for the District of Delaware, motions for an exceptional case and attorneys' fees were granted on...more
Patent claims serve to provide notice as to the scope of an invention described in a patent. The claims can be directed to various statutory types, such as an apparatus, article, composition, method, system, or any other...more
Acting as Lexicographers Saves Patent from Being Found Invalid -
In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to create a claim term and...more
Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible -
In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a...more
File-Searching Software Patent Found to be Patent Eligible -
Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more
Federal Circuit Finds Another Software Patent Invalid under Section 101 -
The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more
Intellectual Ventures I LLC ("IV") sued Symantec Corp. and Trend Micro (defendants) for infringement of various claims of three U.S. Patents (Nos. 6,460,050; 6,073,142; and 5,987,610). The District Court held the asserted...more
10/5/2016
/ Abstract Ideas ,
Alice Corporation ,
Bascom Global v AT&T Mobility ,
Enfish v Microsoft ,
First Amendment ,
Free Speech ,
Inventive Concept Test ,
Patent Infringement ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Software Patents ,
Symantec
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
In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow,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
"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
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
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
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