Archive | Patentable Subject Matter

No Attorney Fees after Dismissal for Lack of Patent-Eligibility

Until the law defining patentable subject matter under § 101 gains clarity, don’t expect attorney fees for cases dismissed under § 101.  And if a court denies your motion before the opposing party even responds, that’s a sign you may have pushed too far. In West View Research v. BMW, No. 14-CV-2670-CAB (WVG) (S.D. Cal. […]

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Functional Claims Can Survive Alice Challenges If They Seem “Technical”

Patent claims directed to providing portable storage devices with access to terminals have survived a motion for summary judgment that made a patent-eligibility challenge under 35 U.S.C. § 101 and Alice Corp. v. CLS Bank.  IOENGINE LLC v. Interactive Media Corp., No. 14-1571-GMS (D. Del. Jan. 4, 2017).  Claims of U.S. Patent No. 8,539,047 are […]

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No Fee Award Against Plaintiff Who Asserted Patents Invalidated Under Alice

A district court has roundly rejected a request for an award of attorney fees against a plaintiff who asserted business method patents later found invalid under 35 U.S.C. § 101 and Alice Corp v. CLS Bank.  O2 Media LLC v. Narrative Science Inc., No. 15-CV-05129 (N.D. Ill. Jan 3, 2017). After succeeding with a Rule […]

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Intellectual Ventures’ Network Management and SMS Messaging Patents Invalidated under Alice

Claims of patents directed to network account management and messaging functionality recite patent-ineligible abstract ideas under the Mayo/Alice test, says Delaware’s Judge Stark. Intellectual Ventures I LLC v. AT&T Mobility LLC (D. Del., Dec. 30, 2016). Accordingly, Judge Stark granted Defendants’ Rule 12(c) Motion for Judgment on the Pleadings, holding claims of US Patent Nos. […]

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Incorporation by Reference Saves Patent-Eligibility

A continuation-in-part patent application incorporated its parent by reference; now a court has relied on subject matter disclosed in the parent’s specification to support a finding that claims of the child patent were patent-eligible under 35 U.S.C. § 101.  Finjan Inc. v. Blue Coat Systems Inc., No. 5-15-cv-03295 (N.D. Cal. Dec. 13, 2016).  Accordingly, the […]

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Enfish Did Not Change the Law of Patent-Eligibility, Says E.D. Texas Court

Judge Schroeder in the Eastern District of Texas has declined to reconsider a prior ruling (and resulting final judgment) of patent-ineligibility of claims directed to “entering location information into a positional information device.”  Rothschild Location Technologies LLC v. Geotab USA, Inc., No. 6-15-cv-00682 (E.D. Texas Dec. 5, 2016). The court emphasized that, the patent owner’s […]

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Internet Advertising Patents Once Held Not Patent-Eligible Now Are

In a somewhat stunning turnabout, a US District Judge has vacated her predecessor’s dismissal order predicated on a finding that claims of three patents directed to Internet advertising failed to recite patentable subject matter under the two-part Alice test and 35 USC § 101.  TNS Media Research, LLC v. TiVo Research and Analytics Inc., No. […]

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Patent-Eligibility Not Saved by Claiming Functionality Via a Device

In another sign that broad patent claims to software functionality cannot survive Alice’s patent-eligibility test, patent claims directed to automating a sequence of events on the Internet were held invalid under 35 USC § 101 in Content Aggregation Solutions, LLC v. Sharp Corp.,  Nos. 3:16-cv-00527, -00528, -00529, -00530, -00531, -00533-BEN-KSC (S.D. Cal. Nov. 29, 2016).  […]

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Post-Solution Activity in Menu Generation Patent Claims Does Not Overcome Alice

In holding all claims of patents directed to generating electronic menus patent-ineligible under 35 USC § 101, a Federal Circuit panel handed Covered Business Method Review petitioners an even bigger win than they had gotten from the Patent Trial and Appeal Board (PTAB).  Apple, Inc. v. Amaranth, Inc., Nos. 2015-1792, 2015-1793 (Fed. Cir. Nov. 29, […]

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