Archive | Patentable Subject Matter RSS feed for this section

Is Section 101 Patent Eligibility Determined By Claim Breadth?

A Federal Circuit panel has held invalid, for not reciting patent-eligible subject matter under 35 U.S.C. § 101, patent claims directed to separating telephone transaction data into component parts, and storing it at different destinations.  CyberFone Sys., LLC v. CNN Interactive Group, Inc., Nos. 2012-1673, 2012-1674 (Fed. Cir., Feb. 26, 2014).  An opinion authored by […]

Read full story

Patent-Eligibility Ruling on Data Encryption Claims

In an opinion authored by Federal Circuit Senior Judge Bryson, an Eastern District of Texas court has denied a motion for summary judgment that patent claims directed to a method for transmitting encrypted data are ineligible for patent protection under 35 U.S.C. § 101.  TQP Development, LLC. v. Intuit, Inc., N0. 2:12-CV-180-WCB (E.D. Texas Feb. […]

Read full story

Federal Circuit Holds Medical Diagnostic Method Not Patent-Eligible

Patent claims directed to “guiding the selection of a treatment regimen for a patient with a known disease or medical condition” were held not patent-eligible under 35 U.S.C. § 101 by a unanimous Federal Circuit panel.  SmartGene, Inc. v. Advanced Biological Laboratories, S.A., No. 2013-1186 (Jan. 24, 2014). All claims of U.S. Patent Nos. 6,081,786 […]

Read full story

Does a “Covered Business Method” Patent Review Warrant a Stay of Litigation?

A court in the Eastern District of Texas has declined to stay litigation where the United States Patent and Trademark Office is conducting a “Covered Business Method” review of the patent-in-suit under Section 18 of the America Invents Act.  VirtualAgility, Inc. v. Salesforce.com, Inc., Civil Action No. 2:13-cv-00011-JRG (E.D. Texas Jan. 9, 2014). The court […]

Read full story

Another Rule 12 Holding that Patent Claims Are Invalid Under Section 101

A district court has held invalid patent claims directed to “facilitating evaluation, in connection with the procurement or delivery of products or services, in a context of at least one of (i) a financial transaction and (ii) operation of an enterprise.”  Lumen View Technology LLC v. Findthebest.com, Inc., No. 13 CIV. 3599 (DLC) (S.D.N.Y. Nov. […]

Read full story

Claims Directed to Controlling a Multiple-Computer System Held Not Patent-Eligible

A Rule 12b(b)(6) motion alleging a failure to assert infringement of patentable subject matter has been granted where the asserted patent claimed a method for triggering an event in a system that includes multiple computers.  UbiComm, LLC v. Zappos IP, Inc., Civil Action No. 13-1029-RGA (D. Del. Nov. 13, 2013). The only independent claim of […]

Read full story

3D Computer Graphics Patent Claims Held To Lack Patentable Subject Matter

Claims of U.S. Patent Nos. 6,172,679 and 6,618,047, directed to “methods to reduce the number of visibility computations required to render a three-dimensional scene as a two-dimensional digital computer graphic image,” are not patent-eligible under 35 U.S.C. § 101, according to the court in Fuzzysharp Techs. v. Intel Corp., No. 12-CV-04413 YGR, (N.D. Cal. Nov. […]

Read full story

Pre-Natal Diagnostic Method Not Patent-Eligible

A district court has granted summary judgment in favor of an accused patent infringer, and has held not patent-eligible under 35 U.S.C. § 101 patent claims “relate[d] to prenatal detection methods performed on a maternal serum or plasma sample from a pregnant female, which methods comprise detecting the presence of a paternally inherited nucleic acid […]

Read full story

Decision on Patent-Eligibility of Real Estate Valuation Claims Deferred Until After Claim Construction

Noting the ambiguity of the Federal Circuit’s recent CLS Bank and Ultramercial decisions, a district court has denied without prejudice a defendant’s motion to dismiss. Zillow, Inc. v. Trulia, Inc., No. C12-1549JLR (W. D. Wash. Sept. 6, 2013). The motion had been brought seeking a ruling that claims that United States Patent No. 7,970,674 did […]

Read full story

Court Denies Motion for Judgment on the Pleadings That Patent Claims Relating Musical Notations To Color Are Not Patent-Eligible

At least at the pleadings stage, a court has declined to hold patent-ineligible patent claims directed to “relating electromagnetic waves to harmonic sound waves.” Michael Sandborn & Mark Sandborn P’ship v. Avid Tech., Inc., No. 11-11472-FDS (D. Mass Sept. 5, 2013).  Accordingly, the plaintiff’s lawsuit alleging infringement of U.S. Patent No. 6,930,235 was allowed to […]

Read full story