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Patent Trial and Appeal Board Abstract Ideas Patent-Eligible Subject Matter

King & Spalding

Live Long and Patent: Lessons from Captain Kirk’s Encounter with the PTAB

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In a tale that boldly goes where few celebrity inventors have gone before, William Shatner—yes, that William Shatner—alongside two co-inventors, filed a patent application for a “Smartphone Organization System and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #2

Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as...more

Erise IP

Eye on IPRs, April 2024: PTAB’s Analogous Art Finding Upheld by Federal Circuit, Blockchain Gemstone Identifying Process Patent...

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTAB’s Analogous Art Finding - As IP Watchdog...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more

Knobbe Martens

Current Congressional Attempts at Patent Reform

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In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners.  Two main areas of focus are “Section 101” and the “PTAB.”  ...more

McDermott Will & Schulte

Struggling to Master the Alice Two-Step: Search Result Display Ineligible for Patent Protection

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed...more

Akin Gump Strauss Hauer & Feld LLP

Senior Circuit Judge Issues Split Decision on Patent Eligibility of Claims Directed to Restricting Access to Computer Files

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more

McDermott Will & Schulte

Should This Be an Alice Two-Step or a Section 112 Enablement Waltz?

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent...more

Knobbe Martens

Federal Circuit Review - August 2021

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It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

McDonnell Boehnen Hulbert & Berghoff LLP

MyMail, Ltd. v. ooVoo, LLC (Fed. Cir. 2021)

Two years ago, MyMail and ooVoo went to the mat in the Federal Circuit over claims that the District Court for the Northern District of California found ineligible under 35 U.S.C. § 101.  Patent holder MyMail was able to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2021 #3

Trimble Inc. v. PerDiemCo LLC, Appeal No. 2019-2164 (Fed. Cir. May 12, 2021) - In this week’s Case of the Week, the Federal Circuit revisited its decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355...more

ArentFox Schiff

Federal Circuit Affirms PTAB Decisions Holding Computer-Based Diagnostic Method Claims Ineligible

ArentFox Schiff on

Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods. On March 25, 2021, the Federal...more

Bradley Arant Boult Cummings LLP

Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible

Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the...more

Kilpatrick

Federal Circuit Affirms Another PTAB Patent-Ineligibility Decision

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As previously reported on March 17, 2021, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision that the rejected claims of a patent application owned by The Board of Trustees of Leland Stanford...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Improvements to Determinations of Haplotype Phase Patent Ineligible Under § 101

In In re: Board of Trustees of the Leland Stanford Junior University (“Stanford”), No. 2020-1012 (Fed. Cir. Mar. 11, 2021), the Federal Circuit was presented another opportunity to analyze patent-eligible subject matter.  In...more

McDermott Will & Schulte

Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract

In an appeal from a final rejection of a pending application, the US Court of Appeals for the Federal Circuit held that claims directed to methods for determining “haplotype phase” were correctly rejected as subject matter...more

Herbert Smith Freehills Kramer

Federal Circuit Holds Stanford’s Genetics Method Claims Abstract Under Section 101

On March 25, the Federal Circuit issued an opinion in In re Board of Trustees of the Leland Stanford Junior Univ., No. 2020-1288 (Fed. Cir. Mar. 25, 2021), affirming the Patent Trial and Appeal Board’s rejection of the...more

Knobbe Martens

Federal Circuit Review - February 2021

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Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation - In M & K Holdings, Inc. v. Samsung Electronics Co.,Ltd., Appeal No. 20-1160, the Federal Circuit...more

McDermott Will & Schulte

Method for Determining Haplotype Phase Found Subject Matter Ineligible

In an appeal from a final rejection of a pending application, the US Court of Appeals for the Federal Circuit held that claims directed to methods for determining “haplotype phase” were correctly rejected under 35 USC § 101...more

Kilpatrick

“Curiouser and Curiouser!”: Federal Circuit Affirms PTAB Patent-Ineligibility Decision Under Alice

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On March 11, 2021, in an Opinion by Judge Reyna, along with Chief Judge Prost and Judge Lourie, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) decision that the rejected claims of a patent application...more

Holland & Knight LLP

Patent Directed to Countering Credit Card Fraud is an Invalid Abstract Idea Under Section 101

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In the case of In Re: SARADA MOHAPATRA, Appellant, No. 2020-1935, 2021 WL 408755 (Fed. Cir. Feb. 5, 2021), Sarada Mohapatra sought to overturn a decision of the Patent Trial and Appeal Board (PTAB), holding that his patent...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2020

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Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we're gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you...more

McDonnell Boehnen Hulbert & Berghoff LLP

Stupid § 101 Tricks

If we have learned anything from the last six-and-a-half years of patent eligibility jurisprudence, it is that nobody knows what's going on. Subject matter eligibility is a fundamental requirement for an invention to be...more

Holland & Knight LLP

Federal Circuit: Patent Directed to Physician to Patient Communication System Abstract, Invalid

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Angadibir Singh Salwan is the named inventor on a patent application titled "Physician to Patient Network System for Real-Time Electronic Communications & Transfer of Patient Health Information," which disclosed a private and...more

Troutman Pepper Locke

Federal Circuit Review - Issue 274

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274-1 Federal Circuit Revisits American Axle & Manufacturing; Case Remanded to Determine if One of the “Hooke’s Law” Claims is Ineligible under Other Theories of Eligibility - The Federal Circuit recently issued a modified...more

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