Author Archive | Charles Bieneman

Patent-Eligibility Is Foggier after Enfish: an Illustration

Patent claims to “[a] method for defining a personalized printed product using a data template that consists of at least one graphical component” are not directed to an abstract idea, and thus should survive a motion to dismiss based on an allegation of patent-ineligible subject matter, says an Eastern District of Texas magistrate judge.  Opal […]

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Unsupportable Claim Construction Warrants 12(b)(6) Dismissal

Where the plaintiff could only rely on a construction of a patent claim term that was implausible, a magistrate judge recommended dismissal of the plaintiff’s complaint under FRCP 12(b)(6).  Bartonfalls, LLC v. Turner Broadcasting Systems, Inc., Case No. 2:16-cv-1127-JRG-RSP (E.D. Texas, March 15, 2017).  Claims of U.S. Patent Nos. 7,917,922 and 8,769,561 recited a “TV […]

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Federal Circuit Invalidates Business Method Patent (Yawn)

The Federal Circuit has upheld the invalidity of a patent whose claims recite “[a] computer-implemented method for providing certified financial data indicating financial risk about an individual.”  Clarilogic, Inc. v. FormFree Holdings Corp., No. 2016-1781 (March 5, 2017) (opinion by Judge Reyna, joined by Judges Lourie and Chen) (non-precedential).  The court affirmed the lower court’s […]

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Mental Steps Override Novelty in Patent-Eligibility Analysis

The Federal Circuit has upheld the patent-ineligibility under 35 U.S.C. § 101 of all claims of U.S. Patent No. 8,614,710, directed to “a method for deriving a pixel color in a graphic image.” Coffelt v. NVIDIA Corp., No. 2017-1119 (Fed. Cir. March 15, 2017) (per curiam and non-precedential; panel was Chief Judge Prost and Judges […]

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Written Description Requirement Met by Original Claims

Claims included in an original patent application are part of the written description, which is why the Federal Circuit reversed a summary judgment that claims of U.S. Patent No. 6,947,882 were invalid for lack of written description support under 35 U.S.C. § 112. Mentor Graphics Corp. v. EVE-USA, Inc., Nos. 2015-1470, 2015-1554, 2015-1556 (Fed. Cir. […]

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CAFC: Claim Reciting “Near” Displays of Data Not Indefinite

A patent claim that recited displaying one set of information “near” another set of information was not thereby rendered indefinite, the Federal Circuit has held in Mentor Graphics Corp. v. EVE-USA, Inc., Nos. 2015-1470, 2015-1554, 2015-1556 (Fed. Cir. March 16, 2017) (opinion by Judge Moore, joined by Judges Lourie and Chen) (precedential).  This case has […]

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Pleading Requirements for Standard-Based Patent Infringement

To “simply identify a technical standard without further explanation” is not sufficient to survive a motion to dismiss a complaint for patent infringement, says a magistrate judge in the Eastern District of Texas.  Stragent, LLC v. BMW of North America, Civil Action Nos.  6:16-cv-446-448-RSW-KNM (E.D. Texas March 3, 2017).  The court recommended dismissal of claims […]

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Mobile Info Retrieval and XML Management Fail Alice Test

In companion cases decided the same day, the Federal Circuit has held invalid, as failing the patent-eligibility requirements of the Alice case and 35 U.S.C. § 101, claims of three patents owned by Intellectual Ventures, two of which are directed to dynamically managing XML (eXtensible Markup Language) documents; the remaining patent being directed to retrieving […]

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Fed. Cir.: Inertial Tracking System Is Patent-Eligible

Reversing a lower court judgment on the pleadings of invalidity, the Federal Circuit held that claims of U.S. Patent No. 6,474,159, directed to a motion-tracking system, were patent-eligible under 35 U.S.C. § 101 and the Mayo / Alice test.  Thales Visionix, Inc. v. U.S., 2015-5150 (Fed. Cir. March 8, 2016) (Opinion by Judge Moore, joined […]

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