Archive | Patentable Subject Matter

PTAB Finds Patent Claims Directed to Organizing Digital Images Patent-Ineligible in CBM Review

The Patent Trial and Appeal Board (“PTAB”) has held all claims of U.S. Patent No. 7,260,587 patent-ineligible under 35 U.S.C. § 101, and the rubric of Alice Corp. v. CLS Bank.  Bank of America, NA v. Intellectual Ventures II LLC, Case CBM2014-00033 (PTAB May 18, 2015). The claims of the ’587 patent are directed to […]

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PTAB Invalidates Financial Administration Patent Claims in CBM Review

Patent claims directed to “administration of financial accounts” are not patent-eligible under 35 U.S.C. § 101, held the Patent Trial and Appeal Board (“PTAB”) during a Covered Business Method (“CBM”) post-grant review. The final written decision from the PTAB found all claims of U.S. Patent No. 8,083,137 unpatentable under 35 U.S.C. § 101. Intellectual Ventures […]

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Patent Claims Directed to Filtering Internet Content Not Patent-Eligible

Patent claims directed to “filtering Internet content” were held invalid under 35 U.S.C. § 101 in Bascom Global Internet Servs., Inc. v. AT&T Mobility LLC, No. 3:14-cv-3942-M (N.D. Tex May 15, 2015). The court held that, under Alice Corp. Pty. Ltd. v. CLS Bank Int’l., 134 S. Ct. 2347 (2014), the claims were directed to […]

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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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