Archive | Patentable Subject Matter

Patent Claims to Weather Alerts Not Patent-Eligible Under Section 101

Case:  Zimmers v. Eaton Corp., No. 2:15-CV-2398) (S.D. Ohio August 2, 2016). Result: Rule 12(c) motion for judgment on the pleadings of invalidity under 35 U.S.C. § 101 granted. Patent: U.S. Patent No. 9,015,256 (“Alert notification system”).  Claim 1, available in full at the foregoing link, recites “[a] system for providing a message to a […]

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Early PG-Review Decision Shows Patent Examiners and PTAB Diverge on Alice Questions

Patent claims directed to “storage container tracking and delivery” are patent-ineligible under 35 U.S.C. § 101, the Patent Trial and Appeal Board (PTAB) has held in a Final Written Decision in a Post-grant Review proceeding.  Netsirv and Local Motion MN v. Boxbee, Inc., PGR2015-00009 (Patent 8,756,166 B2) (PTAB Aug. 2, 2016).  I would not be […]

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No Patent-Eligibility for “Identifying and Characterizing Errant Electronic Files”

Case:  Intellectual Ventures I LLC v. Erie Indemnity Co., No. 2:14-cv-220 (W.D. Pa. Aug 4, 2016) Result: Rule 12 motion to dismiss granted based on invalidity of claims of U.S. Patent 7,757,298 under 35 U.S.C. § 101. Patent: U.S. Patent 7,757,298, entitled “Method and Apparatus for Identifying and Characterizing Errant Electronic Files.”  Representative claim 1 […]

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Database Indexing Patent Claims Survive Alice Motion to Dismiss

Case:  Iron Gate Security, Inc. v. Lowe’s Companies, Inc., No. 15-cv-8814 (KBF) (S.D.N.Y. August 3, 2016). Result: Rule 12(b)(6) motion to dismiss based on invalidity under 35 U.S.C. § 101 denied, but defendant may bring a Section 101 motion again when there is a more “fulsome record.” Patent: U.S. Patent 7,203,693, entitled “Instantly indexed databases […]

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Patent Claims to Analyzing and Using Power Grid Data Fail under Alice and Mayo

The Alice/Mayo 35 U.S.C. § 101 patent-eligibility test easily resulted in the invalidity of patent claims directed to “real-time performance monitoring of an electric power grid.”  Electric Power Group, LLC v. Alstom S.A., No. 2015-1778 (Fed. Cir. Aug. 1, 2016).  Accordingly, a panel consisting of Judges Taranto (the opinion’s author), Bryson, and Stoll, affirmed a […]

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Patent Claims to “Printed Circuit Board Configuration” Survive Alice Challenge

A Central District of California court denied a motion to dismiss claims of infringement of two patents directed to the arrangement of memory chips on a computer memory card, the defendant having alleged patent-ineligible subject matter under 35 U.S.C . § 101. Polaris Innovations Ltd v. Kingston Technology Co., Inc., No. SACV 16-00300-CJC(RAOx) (C.D. Cal. […]

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Federal Circuit Makes Patent-Eligibility under 35 U.S.C. § 101 Even Murkier

Claims  of  U.S. Patent No. 5,987,606, directed to “content filtering information retrieved from an internet computer network,” recited an “inventive concept,” and therefore were patent-eligible as a matter of law under 35 U.S.C. § 101.  BASCOM Global Internet Services, Inc. v. ATT Mobility LLC., No. 2015-1763 (June 27, 2016).  Judge Chen wrote for a majority […]

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Another Easy Section 101 Case at the Federal Circuit

In a per curiam decision on an appeal brought by a pro se patent owner, a Federal Circuit panel of Judges O’Malley, Linn, and Stoll held that claims of U.S. Patent No. 8,744,933 (“Payroll processing, certification, reporting and project management system and method”) were not patent-eligible under 35 U.S.C. § 101.  Shortridge v. Foundation Construction […]

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Patent Claims Reading on MPEG Survive Alice Challenge

Claims of U.S. Patent Nos. 5,323,396, 5,777,992, and 5,539,829, directed to audio encoding techniques for the MPEG standard, survived a patent-eligibility challenge under 35 U.S.C. § 101 after the court, favorably comparing the patents’ claims to those in Enfish LLC v. Microsoft Corp., found that the claims were not abstract.  Audio MPEG Inc. v. Dell […]

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