Judge Sue Robinson—the longest-serving judge in the District of Delaware, among the most popular patent venues in the nation—bucked the trend in patent-eligibility law. Recently, she issued three opinions in three cases addressing software-related patents under 35 U.S.C. § 101. Improved Search LLC v. AOL, Inc., Civ. No. 15-262-SLR (D. Del. Mar. 22, 2016); Intellectual Ventures […]
Archive | Patentable Subject Matter
Claim Drawn to Automated Call Processing Survives Patent-Eligibility Challenge
Patent drafters are often advised, in the wake of Alice Corp. Pty. Ltd. v. CLS Bank Int’l., to use technical-sounding language in their patent claims. Here is a case that both bears out that advice - and at the same time illustrates the vagaries of our current regime of patent-eligibility law. In Ronald A. Katz […]
Digital Messaging and Data Processing Patent Claims Survive Section 101/Alice Challenge
For the second day in a row, this blog focuses on a case upholding the patent-eligibility, under 35 U.S.C. § 101, of patent claims that recite processing and transmitting data. In Signal IP, Inc. v. American Honda Motor Co., Inc., No. 2-14-cv-02454 (CD Cal., March 22, 2016), the court upheld the patent-eligibility of claims of […]
Computer Modeling Breast Prosthesis Survives 12(b)(6) § 101 Challenge
A court has declined, at least for the moment, to hold patent-ineligible claims directed to making a computer model of a part, in this case, a breast prosthesis. ContourMed Inc. v. American Breast Care LP, No. 4-15-cv-02769 (TXSD March 17, 2016, Order) (Miller, J.). Although the claims do recite use of hardware (e.g., a “scanning […]
Continue Reading
Claims to a New Method of Playing Blackjack Not Patent-Eligible, Says Federal Circuit
The Federal Circuit has affirmed the USPTO’s rejection of an applicant’s claims that it concluded “cover only the abstract idea of rules for playing a wagering game and use conventional steps of shuffling and dealing a standard deck of cards.” In re Smith, No. 2015-1664 (Fed. Cir. March 10, 2016) (opinion by Judge Stoll, joined […]
Virtual Classroom Claims Not Indefinite Under 35 U.S.C. § 112 Are Patent-Ineligible Under Alice
After a remand from the Federal Circuit decision nixing one independent claim of US patent no. 6,155,840 under 35 U.S.C. § 112, the district court has now held remaining independent claims patent-ineligible under 35 U.S.C. § 101. Williamson v. Citrix Online, LLC, No. CV 11-02409 SJO (JEMx) (C.D. Cal. Feb 17, 2016). All of the […]
Patent Claims Directed to Cloud Computing Held to Encompass Patent-Ineligible Abstract Idea
Patent claims directed to managing a cloud computing environment were held invalid on a motion under FRCP 12, as reciting patent-ineligible abstract subject matter in Kaavo v. Cognizant Tech. Solutions Corp., No. 14-1192-LPS-CJB (D. Del. Feb. 5, 2016). U.S. Patent No. 8,271,974 (“the ‘974 patent”), discloses an N-tier cloud computing environment. Each tier has a […]
Claims to Computer Readable Discount Coupons Held Patent-Ineligible
Patent claims for applying discounts to purchases to track customer purchasing habits based on computer readable discount coupons were held to recite patent-ineligible subject matter in Motivation Innovations, LLC v. Petsmart, Inc., No. 13-957-SLR, (D. Del., January 12, 2016). The court granted defendants motion under FRCP 12(c) for judgment on the pleadings of invalidity under […]
Federal Circuit Easily Affirms Patent-Ineligibility of Claims Drawn to Managing Shipping Containers
Like drilling a small hole in the hull of the Titanic (post-iceberg), the Federal Circuit has affirmed a district court’s judgment on the pleadings of patent-ineligibility of 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 LLC v. Maher […]
Claims Directed to Conducting Transactions Via Interactive TV Held Patent-Ineligible
Patent claims directed to securing various aspects of digital content on a user’s television were held patent-ineligible in OpenTV, Inc. v. Apple, Inc., No. 5:15-cv-02008-EJD (N.D. Cal., Jan. 28, 2016). Ruling on Apple’s motion to dismiss under Fed. R. Civ. P. 12(b)(6), the court used the familiar Alice / Mayo two-step framework to invalidate claims […]