Intervening Rights Do Not Protect Accused Patent Infringer Despite Amendment During Reexamination

The Federal Circuit recently provided a refresher lesson about intervening rights, particularly about what sources of evidence the court may find persuasive, in Convolve, Inc. et al. v. Compaq Computer Corp. et al., No. 2014-1732 (Fed. Cir. Feb. 10, 2016). At least in this case, the court weighed evidence from the original examination of the […]

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Patent Directed to “Data Security System for a Database” Qualifies for Covered Business Method Review at PTAB

In Square Inc v. Protegrity Corp., CBM2014-00182 (March 2, 2016), the Patent Trial and Appeal Board (PTAB) offered some insight as to when patent claims will be subject to covered business method (CBM) review. The patent at issue is US 8,402,281, titled “Data Security System for a Database.” Claim 33 was one of the illustrative […]

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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 […]

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When Is a Document on the Internet a “Printed Publication?”

Addressing an issue with which patent litigators and prosecutors alike regularly grapple, the Federal Circuit recently held that a graduate student’s report, provided on her personal web page, was not a “printed publication” under 35 U.S.C. § 102(b) (pre-America Invents Act).  Blue Calypso, LLC. V. Groupon, Inc., Nos. 2015-1391, 2015-1393, 2015-1394 (Fed. Cir. March 1, […]

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When Is a Patent Claim Indefinite for Encompassing Two Statutory Classes of Invention (e.g., System and Method)?

Patent claims can recite the functionality of a system or apparatus without being indefinite under 35 U.S.C. § 112 for encompassing two statutory classes (e.g., system and method), the Federal Circuit has explained in UltimatePointer, LLC v. Nintendo Co., Ltd., No 2015-1297 (Fed. Cir. March 1, 2016). Thus, the three-judge panel (Judge Lourie wrote for […]

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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 […]

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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 […]

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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 […]

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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 […]

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