Archive | Patentable Subject Matter

Digitally Labeling Website is Unpatentable Subject Matter under 35 U.S.C. § 101, Says E.D. Texas

Patent claims covering labeling websites were “directed to the abstract idea of gathering and labeling information to facilitate efficient retrieval of the labeled information,” without any saving inventive concept, and as such were patent-ineligible.  Gonzalez v. Infostream Grp., Inc., Nos. 2:14-cv-906-JRG; 2:14-cv-907-JRG (E.D. Texas April 25, 2016).  Accordingly, Judge Gilstrap granted summary judgment of invalidity […]

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Does Claim Construction Matter in Determining Patent-Eligibility under 35 U.S.C. § 101?

Patent applicants and owners should position claims for narrow constructions where subject matter is susceptible to challenge under 35 U.S.C. § 101, suggests a recent decision from the USPTO’s Patent Trial and Appeal Board (PTAB).  In a Covered Business Method (CBM) review Final Written Decision, the PTAB held that claims of U.S. Patent No. 8,402,281, […]

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Plaintiff Stuck with Collateral Judgment of Patent Invalidity Under Alice in More Ways Than One

Not only did collateral estoppel apply from a prior finding of patent invalidity under 35 U.S.C. § 101, but a plaintiff was denied a motion to voluntarily dismiss its claim of patent infringement, the court expressly leaving open the specter of a fee award to the defendant as a prevailing party under 35 U.S.C. § […]

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PTAB Reverses Patent-Eligibility Rejection of Business Method Implemented in a Vending Machine

Contrary to what some might think, the Patent Trial and Appeal Board (PTAB) does not always affirm rejections under 35 U.S.C. § 101, as evidenced by its recent decision in Ex parte Krampe, Appeal 2013-010784; Appl. No. 12/653,741; Technology Center 3600 (March 31, 2016).  In this case, the PTAB held that the Examiner had failed […]

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Claims Drawn to Monitoring and Analyzing Network Data Held Patent-Eligible

Claims drawn to “enterprise network” monitoring and analysis are patent-eligible, according to Delaware’s Judge Sue Robinson, who denied the defendant’s motion for Summary Judgment of invalidity under 35 U.S.C. § 101 in SRI International Inc. v. Cisco Systems Inc., No. 1:2013cv01534 (D. Del. April 11, 2016).  Some people – including many patent examiners – will […]

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How Do Biotech Patent-Eligibility Cases Speak to Computer Patent-Eligibility Cases?

The Federal Circuit recently held that a claim of U.S. Patent No. 5,612,179, reciting “methods of detecting genetic variations” was directed to unpatentable subject matter under 35 U.S.C. § 101.  Genetic Technologies Ltd. V. Merial, LLC, Nos. 2015-1202, 2015-1203 (Fed. Cir. April 8, 2016).  Anytime the Federal Circuit weighs in on Section 101 patent-eligibility, those […]

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E.D. Texas Judge Gilstrap Holds “Computerized Discount Redemption System” Patent-Ineligible

No one will be surprised that a court has held that patent claims directed to a “discount redemption system” are not patent-eligible under 35 U.S.C. § 101.  Worth noting, however, is that this determination comes from Judge Gilstrap’s court in the Eastern District of Texas, that court’s patent-friendly reputation notwithstanding.  In NexusCard, Inc. v. The […]

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Court Holds Patent Claims Fail Alice Test After PTAB Declined to Institute CBM on Patent-Eligibility Grounds

Patent claims directed to “providing money or an item of value to an account-holder” and “paying on behalf of a person for money or an item of value” fail the abstract idea test of Alice Corp. v. CLS Bank, according to a federal district court.  Global Cash Access Inc. v. NRT Technology Corp., No. 2:15-cv-00822 […]

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