The seminal Alice v. CLS Bank lawsuit provided an arsenal of invalidation weapons for patent defendants across the country. Alice was particularly relevant to software patents because it held a large swath of software patents...more
Alice is clear that inventions drawn to automating well-known concepts are not patent-eligible. However, this area of the law becomes a bit murky when the automated concept is one that involves concrete or physical devices....more
It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of...more
In light of Enfish and DDR Holdings, software patent owners are quick to point out how their inventions improve the functioning of the computer itself. However, it is well understood that simply improving the functioning of...more
Inventions directed to “organizing information” have long been the subject of §101 challenges. Courts and the Patent Office alike have invalidated software patents that organize information and activity, often citing Bilski...more
The Federal Circuit recently held a software patent to be eligible for patent protection for just the second time since Alice was decided almost two years ago, in a case now commonly referred to as Enfish. The district court...more
Software patent litigation can often involve non-practicing entities (“NPEs”) and other plaintiffs that some have accused of asserting weak patents to extract royalties. It is no surprise, then, that defendants move for...more
Nearly one third of all patent cases filed in the United States are heard by a single judge - J. Rodney Gilstrap of the Eastern District of Texas. Many of these cases involve e-commerce or other internet-based patents such...more
A Covered Business Method (CBM) review applies to patents that “claim[] a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial...more
The patentability of navigation patents continues to develop as district courts and the PTAB hear §101 issues post-Alice. Before Bilski and Alice, numerous courts brushed aside 101 attacks against GPS and store locator...more
The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting...more
Encryption seems to be in the news quite a bit lately. Electronic retailers and government organizations have become targets of computer hackers across the globe, attacking their servers and obtaining sensitive information...more