Patent Claims to Weather Alerts Not Patent-Eligible Under Section 101

Case:  Zimmers v. Eaton Corp., No. 2:15-CV-2398) (S.D. Ohio August 2, 2016). Result: Rule 12(c) motion for judgment on the pleadings of invalidity under 35 U.S.C. § 101 granted. Patent: U.S. Patent No. 9,015,256 (“Alert notification system”).  Claim 1, available in full at the foregoing link, recites “[a] system for providing a message to a […]

Continue Reading

Early PG-Review Decision Shows Patent Examiners and PTAB Diverge on Alice Questions

Patent claims directed to “storage container tracking and delivery” are patent-ineligible under 35 U.S.C. § 101, the Patent Trial and Appeal Board (PTAB) has held in a Final Written Decision in a Post-grant Review proceeding.  Netsirv and Local Motion MN v. Boxbee, Inc., PGR2015-00009 (Patent 8,756,166 B2) (PTAB Aug. 2, 2016).  I would not be […]

Continue Reading

No Patent-Eligibility for “Identifying and Characterizing Errant Electronic Files”

Case:  Intellectual Ventures I LLC v. Erie Indemnity Co., No. 2:14-cv-220 (W.D. Pa. Aug 4, 2016) Result: Rule 12 motion to dismiss granted based on invalidity of claims of U.S. Patent 7,757,298 under 35 U.S.C. § 101. Patent: U.S. Patent 7,757,298, entitled “Method and Apparatus for Identifying and Characterizing Errant Electronic Files.”  Representative claim 1 […]

Continue Reading

Database Indexing Patent Claims Survive Alice Motion to Dismiss

Case:  Iron Gate Security, Inc. v. Lowe’s Companies, Inc., No. 15-cv-8814 (KBF) (S.D.N.Y. August 3, 2016). Result: Rule 12(b)(6) motion to dismiss based on invalidity under 35 U.S.C. § 101 denied, but defendant may bring a Section 101 motion again when there is a more “fulsome record.” Patent: U.S. Patent 7,203,693, entitled “Instantly indexed databases […]

Continue Reading

Some Complaints for Patent Infringement Easily Fail Under Iqbal and Twombley

Here is an example of how the abnegation of Form 18 of the Federal Rules of Civil Procedure is changing patent litigation.  In Mike Murphy’s Enters. v. Fineline Indus., LLC, No. 1:16-cv-784-LJO-SAB (E.D. Cal. Aug. 4 2016), the court granted a Rule12(b)(6) motion and dismissed the plaintiff’s complaint alleging infringement of United States Patent No. […]

Continue Reading

Federal Circuit Holds Coined Phrases to Be Means-Plus-Function, and Indefinite

In Advanced Ground Information Systems, Inc. v. Life360, Inc., No. 2015-1732 (Fed. Cir. July 28, 2016), the Federal Circuit cautioned against coining verbal nouns and phrases without specifying sufficient structure or algorithms in the patent specification. The court affirmed a finding of indefiniteness of claims of U.S. Patent Nos. 7,031,728 and 7,672,681, and held the […]

Continue Reading

Patent Claims to Analyzing and Using Power Grid Data Fail under Alice and Mayo

The Alice/Mayo 35 U.S.C. § 101 patent-eligibility test easily resulted in the invalidity of patent claims directed to “real-time performance monitoring of an electric power grid.”  Electric Power Group, LLC v. Alstom S.A., No. 2015-1778 (Fed. Cir. Aug. 1, 2016).  Accordingly, a panel consisting of Judges Taranto (the opinion’s author), Bryson, and Stoll, affirmed a […]

Continue Reading

Patent Claims to “Printed Circuit Board Configuration” Survive Alice Challenge

A Central District of California court denied a motion to dismiss claims of infringement of two patents directed to the arrangement of memory chips on a computer memory card, the defendant having alleged patent-ineligible subject matter under 35 U.S.C . § 101. Polaris Innovations Ltd v. Kingston Technology Co., Inc., No. SACV 16-00300-CJC(RAOx) (C.D. Cal. […]

Continue Reading

Federal Circuit Makes Patent-Eligibility under 35 U.S.C. § 101 Even Murkier

Claims  of  U.S. Patent No. 5,987,606, directed to “content filtering information retrieved from an internet computer network,” recited an “inventive concept,” and therefore were patent-eligible as a matter of law under 35 U.S.C. § 101.  BASCOM Global Internet Services, Inc. v. ATT Mobility LLC., No. 2015-1763 (June 27, 2016).  Judge Chen wrote for a majority […]

Continue Reading

Powered by WordPress. Designed by WooThemes