Archive | Software Patents

Patent Claims to Dynamic Pricing Held Not Patent-Eligible (Again)

A Delaware district judge has adopted a magistrate’s recommendation to hold patent-ineligible claims directed to dynamically pricing a transaction, and dynamically providing product upgrade options to a customer. Tenon & Groove LLC v. Plusgrade SEC, No. 1:12-cv-01118 (D. Del. March 11, 2015). The patents-in-suit were U.S. Patent Nos. 7,418,409 and 8,145,536. In a reminder to […]

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Patent Claims for Optimizing Helpdesk Requests Recite an Abstract Idea under 35 U.S.C. § 101

Patent claims directed to a software system for “optimizing the efficiency” of processing IT helpdesk requests were held patent-ineligible under 35 U.S.C. § 101 as directed to abstract ideas. Accordingly, the court in Hewlett Packard Co. v. ServiceNow, Inc., Case No. 14-cv-00570-BLF (N.D. Cal. Mar. 10, 2015), granted summary judgment of invalidity with respect to […]

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Broad Interpretation of “Financial Product Or Service” and an Abstract Idea Makes Patent Claims Directed to Insurance Valuation Eligible for Covered Business Method Review

The USPTO’s Patent Trial and Appeal Board (PTAB) has instituted a Covert Business Method (CBM) review of three patents claiming methods for obtaining valuation reports relating to damaged vehicles for automobile insurance claim purposes. The PTAB thought that claims of U.S. Patent Nos. 7,912,740, 8,200,513, and 8,468,038 were directed to a “financial product or service” […]

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What Is a “Covered Business Method Patent”?

In several recent cases, the Patent Trial and Appeals Board (PTAB) at the United States Patent and Trademark Office has rejected a petitioner’s contention that the patent claims put in issue encompassed a “financial product or service.” Accordingly, in these cases the PTAB declined to institute Covered Business Method (CBM) Review proceedings under § 18(d)(1) […]

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Another Roundup of District Court Section 101 Patent-Eligibility Decisions

District courts continue to consider patent-eligibility under 35 U.S.C. § 101 at the pleadings stage of patent cases.  The following three decisions all came on motions made under FRCP 12.  Two of the motions were granted, and one was dismissed without prejudice as premature. StoneEagle Servs. V. Pay-Plus Solutions, Inc., Case No. 8:13-cv-2240-T-33MAP (M.D. Fla. […]

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Courts Hold Three Out of Four Patents Invalid Under 35 U.S.C § 101

I do not warrant the accuracy of the title of this post, which is based on anecdotally collected and reviewed data.  It is nonetheless instructive that, in cases I located after a fairly through search, an overwhelming majority of patents facing patent-eligibility challenges in federal courts since my last blog post on the subject, i.e., […]

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