Archive | Patentable Subject Matter

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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Article-Tracking Held Patent-Ineligible Abstract Idea

Patent claims drawn to determining if articles are in a specified geographic area, and then taking an action based on the determination, are not eligible under 35 U.S.C. § 101 and Alice Corp. Pty. Ltd. v. CLS Bank Int’l.  CalAmp Wireless Networks Corporation v. ORBCOMM, Inc., No. 3:16cv906-HEH (E.D. Va. Feb 9, 2017.) Accordingly, the […]

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Recitations of Hardware Can Save Patent-Eligibility

A court denied a motion to dismiss that alleged patent-ineligible subject matter where the patent claims recited physical structure that, the court said, showed that the claims were not directed to a patent-ineligible abstract idea under 35 U.S.C. § 101.  SPEX Technologies, Inc. v. Apricorn, No. 2-16-cv-07349 (C.D. Cal. January 9, 2017).  U.S. Patent Nos. 6,088,802 […]

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Business Method Patents Survive Alice at Federal Circuit

A recent Federal Circuit case demonstrates that reports of the death of business method patents may be exaggerated, even if not greatly. In Trading Technologies Int’l., Inc. v. CQG, Inc., 2016-1616 (Fed. Cir. Jan 18, 2017) Judge Newman, joined by Judges O’Malley and Wallach, affirmed a district court holding that patent claims directed to “a […]

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Some Business Methods Are Routinely Found Patent-Ineligible

A Federal Circuit panel needed one line to agree that a claims in a business method patent were patent-ineligible under Alice Corp. v. CLS Bank Corp. and 35 U.S.C. § 101.  In America’s Collectible Network, Inc. v. The Jewelry Channel, Inc., No. 2016-1521 (Fed. Cir. Jan 11, 2017), a three judge panel (Dyk, Taranto, and […]

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