Archive | Patentable Subject Matter

Emergency Call Analysis Patent Claims Invalid Under Alice

Patent claims directed to an “emergency call analysis system” were held patent ineligible, and a motion to dismiss for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 granted, in Boar’s Head Corp. v. Directapps, Inc., No. 2:14-cv-01927-KJM-KJN (E.D. California, July 27, 2015). The court found that under the Mayo/Alice test the patent […]

Continue Reading

Patent Claims to Use of Inertial Sensors Fail the Alice Test

The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35 U.S.C. § 101. Thales Visionix, Inc. v. The United States, No. 14-513C (Ct. Cl. July 20, 2015). Accordingly, the […]

Continue Reading

Updated USPTO Patent-Eligibility Guidelines Are a Must-Read

The U.S. Patent and Trademark Office recently updated its patentable subject matter guidance.  Anyone involved in making filing decisions and/or preparing and prosecuting software or business methods patent applications would be well advised to consult the new documents.  I did not provide such a recommendation concerning the USPTO’s initial “Interim” post-Alice guidance, issued in December […]

Continue Reading

Patent-Eligibility at the PTAB in Ex Parte Appeals

Far from finding relief from an examiner’s patent-ineligibility rejection at the Patent Trial and Appeal Board (PTAB), patent applicants may find that ex parte appeals are their undoing.  A recent decision in an appeal filed in 2012, reversing an examiner’s prior art rejections under 35 U.S.C. § 103(a), but setting forth a new ground of […]

Continue Reading

Claims to Online Purchasing Method Not Patent-Eligible

A court has granted summary judgment of invalidity for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 for claims to “[a] method of purchasing goods or services over a data network.”  Source Search Technologies, LLC v. Kayak Software Corp., No. 11-3388 (D. N.J. July 1, 2015). The patent owner conceded that the […]

Continue Reading

Federal Circuit Holds Two Intellectual Ventures Patents Invalid for Claiming Unpatentable Subject Matter

The Federal Circuit has held two patents, owned by the well-known non-practicing entity Intellectual Ventures, invalid under 35 U.S.C. § 101.  Intellectual Ventures I LLC et al. v. Capital One NA, No.2014-1506 (July 6, 2015).  One of these patents was directed to a budgeting application, and the other was directed to tailoring web pages to […]

Continue Reading

Website Navigation Claims Patent-Ineligible, Says Federal Circuit

The Federal Circuit has agreed with a district court that claims of U.S. Patent No. 7,707,505 were directed to “retaining information lost in the navigation of online forms,” and that this subject matter constitutes an unpatentable abstract idea.  Internet Patents Corp. v. Active Network, Inc., Nos. 2014-1048, 2014-1061, 2014-1062, 2014-1063 (Fed. Cir. June 23, 2015).  […]

Continue Reading

Federal Circuit Affirms Patent-ineligibility of Online Retailing Pricing Claims

In OIP Techs., Inc. v. Amazon.com, No. 12-CV-1233 (Fed. Cir. June 11, 2015), the Federal Circuit agreed with a lower court that U.S. Patent No. 7,970,713 failed to claim patentable subject matter under 35 U.S.C. § 101, but rather “merely [used] a general-purpose computer to implement the abstract idea of ‘price optimization’.” The ‘713 patent […]

Continue Reading

Powered by WordPress. Designed by WooThemes