Archive | Patentable Subject Matter

Software Patent Claims Are Invalid Under 35 U.S.C. § 101 Without Magic (Statutory) Words

A savvy drafter of software patent claims will, to use one of the worst legal cliches, exalt form over substance.  Software in general unquestionably can be patent-eligible even after Alice Corp. v. CLS Bank International.  Undoubtedly, no magic words can promise that a software patent claim will be found patent-eligible under 35 U.S.C. § 101.  […]

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Single Patent Yields Two Results (for now) on the Question of Patent-Eligibility

A court held one independent claim of U.S. Patent No. 8,332,475 patent-eligible, and another not, in Triplay, Inc. v. Whatsapp Inc., No. 13-1703-LPS (D. Del. April 28, 2015). Alleging that claimed subject matter encompassed an abstract idea, and thus that patent claims were invalid under 35 U.S.C. § 101, the Defendant had moved for dismissal […]

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Patent Claims Drawn to Managing Shipping Containers Held Patent-Ineligible

Illustrating that business method patent claims face an uphill battle for patent-eligibility after Alice Corp. Pty. Ltd. v. CLS Bank Int’l., a court has invalidated, under 35 U.S.C. § 101, claims directed to a “container monitoring system for accumulating and storing information on shipping containers including container location and container load status.” Wireless Media Innovations […]

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Patent Claims in Intellectual Ventures Case Held Patent-Eligible Where No Application Without a Computer; Other Claims Held Patent-Ineligible

Considering claims of various patents-in-suit, a court drew a patent-eligibility line at the point where claims could be practiced without a computer, invalidating claims of two patents, but upholding claims of a third, under 35 U.S.C. § 101. Intellectual Ventures I LLC v. Symantec Corp., no 1:10-cv-01067, Intellectual Ventures I LLC v. Trend Micro Inc., […]

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Patent-Eligibility Can Be Deferred Until Claim Construction

Although many courts are often willing to rule on patent-eligibility under 35 U.S.C. § 101 at the pleadings stage, sometimes courts are more comfortable deferring the issue until claim construction. An interesting recent example is Mobile-Plan-It LLC v. Facebook Inc., no. 3:14-cv-01709 (N.D. Cal. April 20, 2015), where patent claims directed to a “method for […]

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DDR Holdings Saves Patent-Eligibility of SMS Messaging Claims

Surviving a patent-eligibility challenge under 35 U.S.C. § 101 were patent claims drawn to a “method of using a computer system to facilitate two-way communication between a mobile device and an Internet server.” Messaging Gateway Solutions LLC v. Amdocs Inc., No. 1:14-cv-00732 (D. Del. April 15, 2015). Accordingly, the court denied defendants’ motions for judgment […]

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The PTAB Can Be Aggressive in Raising Patent-Eligibility Under Alice

Entering a new ground of rejection under 35 U.S.C. § 101, the Patent Trial and Appeal Board, deciding an ex parte appeal, applied Alice Corp. Pty. Ltd. v. CLS Bank Int’l. to hold that claims directed to a system and method for “propagating a media item recommendation” were not patent-eligible. Ex parte Svendsen, Appeal 2012-010845; […]

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Patent-Eligibility of Auction Claims Is Never a Good Bet After Alice

Patent claims directed to a “method of hosting a computer-based auction over the internet” were held invalid under 35 U.S.C. § 101 in Advanced Auctions LLC v. eBay, Inc., No. 13CV1612 BEN (JLB) (S.D. Cal., March 26, 2015). The court found the patent claims directed to “the abstract idea of an auction and the generic […]

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Internet Auction Claims Held Not Patent-Eligible

Patent claims directed to a two-mode computer-based Internet auction have been held patent-ineligible under 35 U.S.C. § 101, and a motion for judgment on the pleadings under FRCP 12(c) was accordingly granted in Advanced Auctions LLC v. Ebay Inc., No. 13CV1612 BEN (JLB) (S.D. Cal Mar. 27, 2015). According to United States Patent No. 8,266,000, […]

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Internet Sales Processing Claims Held Patent-Ineligible

Patent claims directed to a sales processing system for conducting Internet business transactions were held patent-ineligible under 35 U.S.C. § 101. Consequently, the court in Priceplay.com, Inc. v. AOL Adver., Inc., No. 14-92-RGA (D. Del. Mar. 18, 2015), granted the defendant’s FRCP 12(b)(6) motion to dismiss with regard to all claims of United States Patent […]

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