Archive | Patentable Subject Matter

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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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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