Author Archive | Charles Bieneman

Broadest Reasonable Interpretation Gives Little Weight to Claiming a Functional Result

The Federal Circuit has upheld the Patent Trial and Appeal Board’s broadest reasonable interpretation of claims including “a restore application starting a restore of a set of files” in an Inter Partes Review proceeding.  Veritas Techs. LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016).  This case will garner attention for the […]

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2 of 3 Intellectual Ventures Patents Killed Under Alice in E.D. Texas

On a Rule 12(b)(6) motion to dismiss based on invalidity under 35 U.S.C. § 101, Judge Gilstrap of the Eastern District of Texas held that “the claims of U.S. RE43,715 and U.S. Patent No. 6,782,370 are directed to patent-ineligible subject matter, and the claims of U.S. Patent No. 5,969,324 are not directed to patent-ineligible subject […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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