Archive | Litigation

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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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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“Transaction Security Apparatus” Held Not Patent-Eligible

Patent claims directed to securing banking transactions carried out over the Internet were held patent-ineligible in Joao Bock Transaction Sys. v. Jack Henry & Assocs., Civ. No. 12-1138-SLR (D. Del. Dec. 15, 2014).  Finding that the claims were directed to an “abstract idea” with no additional innovation, the court granted the Defendant’s motion for summary […]

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Internet Business Method Claims Are and Are Not Patent-Eligible, Says Federal Circuit

A Federal Circuit panel has found that patent claims directed to managing the look and feel of e-commerce web pages are patent-eligible under 35 U.S.C. § 101. DDR Holdings, LLC v. Hotels.com, L.P., No. 2013-1505 (Fed. Cir. Dec. 5, 2014). The majority opinion was authored by Judge Chen, and joined by Judge Wallach. Judge Mayer […]

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Patent Claims For Retrieval of Data from Medical Database Held Not Patent-Eligible

Patent claims directed to a medical database did not meet patent-eligibility requirements of 35 U.S.C. § 101. Therefore, the court in Cogent Med., Inc. v. Elsevier Inc., Nos. C-13-4479-RMW; C-13-4483-RMW; C-13-4486-RMW (N.D. Cal. Sept. 30, 2014), granted a motion to dismiss the plaintiffs complaint for patent infringement for failing to state a claim under FRCP […]

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Court Finds Patent Claims Directed to Abstract Idea But Denies Motion to Dismiss

Patent claims directed “to the abstract idea of verifying a transaction” included “a limitation requiring pseudorandom tag generating software that could not be done with pen and paper,” which limitation could plausibly be read as narrowing the claims to make them patent-eligible. Therefore, the court in Card Verification Solutions, LLC v. Citigroup Inc., No. 13 […]

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Yet Another Business Method Patent Fails Section 101 “Abstract Idea” Test

Yet another court has held yet more business method patents invalid for failing to recite patent-eligible subject matter under 35 U.S.C. § 101. In Open Text S.A. v. Alfresco Software Ltd., No. No. 13-cv-04843-JD (Sept 19, 2014), the court granted the defendant’s Rule 12(b)(6) motion to dismiss, holding that claims of U.S. Patent Nos. 7,647,372 […]

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The Alice Effect: Recent Patent-Eligibility Cases in the District Courts

As this blog and others have noted, the U.S. Patent and Trademark Office reacted quickly to change examination procedures in light of the U.S. Supreme Court’s recent decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l.  Moreover, as two recent district court cases suggest, Alice’s impact is being felt in ongoing patent litigation.  In […]

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Claims Directed to a Data Structure Are Not Patent-Eligible, Says Federal Circuit

In its first patent-eligibility case since the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l., the Federal Circuit has held that claims directed to a data structure are not patent-eligible, affirming the district court’s summary judgment of invalidity.  Digitech Image Techs., LLC v. Elecs. for Imaging, Inc. (Fed. Cir. July 11, 2014).  […]

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