Archive | Patentable Subject Matter

Federal Circuit Invalidates Business Method Patent (Yawn)

The Federal Circuit has upheld the invalidity of a patent whose claims recite “[a] computer-implemented method for providing certified financial data indicating financial risk about an individual.”  Clarilogic, Inc. v. FormFree Holdings Corp., No. 2016-1781 (March 5, 2017) (opinion by Judge Reyna, joined by Judges Lourie and Chen) (non-precedential).  The court affirmed the lower court’s […]

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Mental Steps Override Novelty in Patent-Eligibility Analysis

The Federal Circuit has upheld the patent-ineligibility under 35 U.S.C. § 101 of all claims of U.S. Patent No. 8,614,710, directed to “a method for deriving a pixel color in a graphic image.” Coffelt v. NVIDIA Corp., No. 2017-1119 (Fed. Cir. March 15, 2017) (per curiam and non-precedential; panel was Chief Judge Prost and Judges […]

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Mobile Info Retrieval and XML Management Fail Alice Test

In companion cases decided the same day, the Federal Circuit has held invalid, as failing the patent-eligibility requirements of the Alice case and 35 U.S.C. § 101, claims of three patents owned by Intellectual Ventures, two of which are directed to dynamically managing XML (eXtensible Markup Language) documents; the remaining patent being directed to retrieving […]

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Fed. Cir.: Inertial Tracking System Is Patent-Eligible

Reversing a lower court judgment on the pleadings of invalidity, the Federal Circuit held that claims of U.S. Patent No. 6,474,159, directed to a motion-tracking system, were patent-eligible under 35 U.S.C. § 101 and the Mayo / Alice test.  Thales Visionix, Inc. v. U.S., 2015-5150 (Fed. Cir. March 8, 2016) (Opinion by Judge Moore, joined […]

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CAFC Reverses E.D. Texas on Payment Data Patent-Eligibility

The Federal Circuit has reversed Eastern District of Texas Judge Gilstrap’s denial of a post-trial motion for a judgment of patent-ineligibility under 35 U.S.C. § 101 of three patents directed to accessing and storing payment data. Smartflash, LLC v. Apple, Inc., No. 2016-1059 (Fed. Cir . March 1, 2017).  Chief Judge Prost, writing for a […]

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Cryptography Claims Survive Patent-Eligibility Challenge

Here is further evidence that claims directed to processing data are not per se patent-ineligible: patent claims directed to cryptography applications have survived a motion to dismiss alleging invalidity under 35 U.S.C. § 101 and the Alice/Mayo test.  Crypto Research, LLC v. Assa Abloy, Inc., No. 16 Civ. 1718 (AMD) (RER) (E.D.N.Y. Feb 17, 2017).  […]

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Data Back-Up Claims Held Patent-Ineligible under Alice

In a clear demonstration that patent-eligibility and novelty go hand-in-hand – despite some courts’ denial of this reality – a court has held that claims directed to “remote mirroring of digital data” are patent-ineligible under 35 U.S.C. § 101 and the Alice/Mayo abstract idea test.  Intellectual Ventures I, LLC v. Symantec Corp., No. 13-440-LPS (D. […]

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CAFC: User-Tailored Data Is Patent-Ineligible Abstract Idea

A Federal Circuit panel easily affirmed a lower court holding of patent-ineligibility of claims “directed to systems and methods for allowing computers to process data that are dynamically modified based upon external-to-the-device information, such as location and time.” Evolutionary Intelligence, LLC v. Sprint Nextel Corp., No. 2016-1188 et al. (Fed. Cir. Feb 17, 2017) (opinion […]

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Fitbit Survives 12(b)(6) Motion Attacking Patent-Eligibility

Fitbit sued Jawbone, its rival, alleging infringement of three patents directed to preparing wearable activity trackers with client and/or server computers, whereupon Jawbone unsuccessfully brought a Rule 12 motion to dismiss alleging patent-ineligible subject matter. Fitbit, Inc. v. AliphCom, No. 15-cv-04073-EJD (N.D. Cal. Feb 9, 2017.)  The asserted patents were U.S. Patent Nos. 9,026,053, 9,106,307, […]

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Fed. Cir. Affirms Command and Control Patent-Ineligibility

In a one-line per curiam Rule 36 judgment, the Federal Circuit affirmed a district court’s judgment on the pleadings that claims of patents directed to “command-and-control processing” recited ineligible subject matter under 35 U.S.C. § 101.  Appistry Inc. v. Amazon.com Inc., No. 2015-2077 (Fed. Cir. Feb 10, 2017) (Judges Lourie, Hughes, and Stoll).  The patents at […]

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