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More Business Method and E-Commerce Patents Held Ineligible

More e-commerce / business method patent claims are invalidated under 35 U.S.C. § 101 . . . Enpat, Inc. v. Tenrox Inc., Case No: 6:13-cv-948-Orl-31KRS (M.D. Fla. Feb. 10, 2015). Claims of U.S. Patent No. RE38,633 were held patent ineligible under 35 U.S.C. § 101, and a defense motion for summary judgment was granted. The […]

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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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Four More Cases Holding Patent Claims Ineligible Under 35 U.S.C. § 101

Here are four cases decided in the course of a week in which U.S. district courts held patent claims ineligible under 35 U.S.C. § 101. Synopsis, Inc. v. Mentor Graphics Corp., No. C 12-6467 MMC (N.D. Cal. Jan. 20, 2015). Granted defense motion for summary judgment of invalidity under 35 U.S.C. § 101 for claims […]

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How to Practice Patent Law After Alice

I don’t have all the answers about how to approach patent issues arising under 35 U.S.C. § 101 in the wake of the U.S. Supreme Court’s June 2014 decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al.  No one does.  The United States Patent and Trademark Office has just started to change […]

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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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Ho-hum: More Rule 12 Motions, More Patent Claims Held Invalid Under 35 U.S.C. § 101

In the wake of Alice Corp. v. CLS Bank, court after court has held patent claims invalid for failing to recite patent-eligible subject matter under 35 U.S.C. § 101.  And courts are not waiting for claim construction or summary judgment to make their decisions, instead granting motions brought at the pleadings stage under FRCP 12.  […]

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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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