One Case, Two Section 101 Patent-Eligibility Results

One patent was held to recite ineligible subject matter under 35 U.S.C. § 101, and a second patent was held eligible, in Intellectual Ventures I, LLC v. Motorola Mobility LLC, No. 11-908-SLR (D. Del. Feb 24, 2015). This result provides guidance for all involved in patent eligibility questions but may be particularly useful, I think, […]

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Action Brought Under DMCA and CFAA Dismissed (Part I)

In LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (Jan. 16, 2015), the Southern District of New York dismissed a complaint alleging copyright infringement, a violation of the Digital Millennium Copyright Act (DMCA), and the Computer Fraud and Abuse Act (CFAA) for failure of the pleadings under F.R.C.P. 12(b)(6). This […]

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What Is a “Covered Business Method Patent”?

In several recent cases, the Patent Trial and Appeals Board (PTAB) at the United States Patent and Trademark Office has rejected a petitioner’s contention that the patent claims put in issue encompassed a “financial product or service.” Accordingly, in these cases the PTAB declined to institute Covered Business Method (CBM) Review proceedings under § 18(d)(1) […]

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Another Roundup of District Court Section 101 Patent-Eligibility Decisions

District courts continue to consider patent-eligibility under 35 U.S.C. § 101 at the pleadings stage of patent cases.  The following three decisions all came on motions made under FRCP 12.  Two of the motions were granted, and one was dismissed without prejudice as premature. StoneEagle Servs. V. Pay-Plus Solutions, Inc., Case No. 8:13-cv-2240-T-33MAP (M.D. Fla. […]

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PTAB Denies a Petition for Inter Partes Review for Petitioners Failing to Identify All Real Parties-in-Interest

In Paramount Home Entertainment Inc. v. Nissim Corporation, IPR2014-00961, the Patent Trial and Appeal Board (“PTAB”) denied a Petition to institute inter partes review of claims 1-5 of U.S. Patent No. 6,304,715 (“the ‘715 patent”), ruling that the Petition failed to identify all real parties-in-interest as required by 35 U.S.C. § 312(a)(2). The December 29, […]

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Courts Hold Three Out of Four Patents Invalid Under 35 U.S.C § 101

I do not warrant the accuracy of the title of this post, which is based on anecdotally collected and reviewed data.  It is nonetheless instructive that, in cases I located after a fairly through search, an overwhelming majority of patents facing patent-eligibility challenges in federal courts since my last blog post on the subject, i.e., […]

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