Archive | February, 2016

Federal Circuit Lesson on the Written Description Requirement

The Federal Circuit upheld the invalidity of claims of U.S. Patent No. 7,003,500 under 35 U.S.C. § 112, 1st paragraph (pre-America Invents Act) for failure to provide an adequate written description of patent claim terms added by amendment well after the original patent application was filed. Driessen v. Sony Music Entertainment, No. 2015-2050 (Fed. Cir. […]

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Virtual Classroom Claims Not Indefinite Under 35 U.S.C. § 112 Are Patent-Ineligible Under Alice

After a remand from the Federal Circuit decision nixing one independent claim of US patent no. 6,155,840 under 35 U.S.C. § 112, the district court has now held remaining independent claims patent-ineligible under 35 U.S.C. § 101. Williamson v. Citrix Online, LLC, No. CV 11-02409 SJO (JEMx) (C.D. Cal. Feb 17, 2016). All of the […]

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Patent Claims Directed to Cloud Computing Held to Encompass Patent-Ineligible Abstract Idea

Patent claims directed to managing a cloud computing environment were held invalid on a motion under FRCP 12, as reciting patent-ineligible abstract subject matter in Kaavo v. Cognizant Tech. Solutions Corp., No. 14-1192-LPS-CJB (D. Del. Feb. 5, 2016). U.S. Patent No. 8,271,974 (“the ‘974 patent”), discloses an N-tier cloud computing environment. Each tier has a […]

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Claims to Computer Readable Discount Coupons Held Patent-Ineligible

Patent claims for applying discounts to purchases to track customer purchasing habits based on computer readable discount coupons were held to recite patent-ineligible subject matter in Motivation Innovations, LLC v. Petsmart, Inc., No. 13-957-SLR, (D. Del., January 12, 2016). The court granted defendants motion under FRCP 12(c) for judgment on the pleadings of invalidity under […]

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Federal Circuit Easily Affirms Patent-Ineligibility of Claims Drawn to Managing Shipping Containers

Like drilling a small hole in the hull of the Titanic (post-iceberg), the Federal Circuit has affirmed a district court’s judgment on the pleadings of patent-ineligibility of claims directed to a “container monitoring system for accumulating and storing information on shipping containers including container location and container load status.” Wireless Media Innovations LLC v. Maher […]

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Claims Directed to Conducting Transactions Via Interactive TV Held Patent-Ineligible

Patent claims directed to securing various aspects of digital content on a user’s television were held patent-ineligible in OpenTV, Inc. v. Apple, Inc., No. 5:15-cv-02008-EJD (N.D. Cal., Jan. 28, 2016). Ruling on Apple’s motion to dismiss under Fed. R. Civ. P. 12(b)(6), the court used the familiar Alice / Mayo two-step framework to invalidate claims […]

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