Another Federal Circuit Lesson on Functional Software Claims

The Federal Circuit’s most recent pronouncement on functional software patent claims can only reinforce drafters’ concerns about claim language being construed as a means-plus-function recitation.  In Media Rights Technologies, Inc. v. Capital One Financial Corp., No. 2014-1218 (Fed. Cir. Sept. 4, 2015), the court held that, under 35 U.S.C. § 112, ¶ 6, the term […]

Continue Reading

The Difficulty of Predicting Section 101 Patent-Eligibility

Two recent decisions by the Patent Trial and Appeal Board (PTAB), reported in detail on the “Patent Docs” blog, demonstrate the vagaries and unpredictability now intrinsic to preparing and prosecuting applications for software inventions.  In the wake of Alice Corporation Pty. Ltd. v. CLS Bank International, it has been somewhat of a truism that claims […]

Continue Reading

Alice Roundup, Late Summer 2015 – Part 2: Patent-Eligibility under 35 U.S.C. § 101

Although district courts considering patent-eligibility under 35 U.S.C. § 101 and Alice Corporation Pty. Ltd. v. CLS Bank International more often than not find patent claims invalid, some patent claims survive, as evidenced by the cases discussed below.  My last post discussed cases finding patent claims invalid under the two-part Alice “abstract idea” test.  This […]

Continue Reading

Alice Roundup, Late Summer 2015 – Part 1: Patent-Ineligibility under 35 U.S.C. § 101

District courts have been busy considering, and invalidating, patents under 35 U.S.C. § 101 and Alice Corporation Pty. Ltd. v. CLS Bank International.  My next post will discuss cases — and there are some — where courts have found patent-eligible subject matter under Section 101, and have allowed claims to be asserted.  However, as the […]

Continue Reading

How Expansive Is the Definition of “Covered Business Method Patent?” (Part 2)

Last week I wrote about institution of a Covered Business Method (CBM) patent post-grant review that seemed to stretch the bounds of the definition of “covered business method.” Here is a case denying a petition to institute CBM proceedings, illustrating boundaries of eligibility for CBM review.  In Servicenow, Inc. v. BMC Software, Inc., Case CBM2015-00107 (Patent […]

Continue Reading

How Expansive Is the Definition of “Covered Business Method Patent?”

The USPTO’s Patent Trials and Appeals Board (PTAB) has held that patent claims directed to “de-identifying health care data” are directed to a “covered business method” under Section 18 of the America Invents Act.  Symphony Health Solutions Corp. v. IMS Health, Inc., Case CBM2015-00085 (Patent 8,473,452 B1) (PTAB Sept. 10, 2015).  The PTAB held that […]

Continue Reading

More Technical-Seeming Claims Held Patent-Ineligible Under 35 U.S.C. § 101

Patent claims directed to a “payload delivery system” for delivering payloads, i.e., data, “via one or more communication networks” have been held invalid under 35 U.S.C. § 101.  Novo Transforma Tech., LLC v. Sprint Spectrum, L.P.,  Civil Action No. 14-616-RGA (D. Del. Sept. 2, 2015).  As with many recent Section 101 cases, the court granted […]

Continue Reading

Does the New Akamai Decision Breach the Logical Framework of Patent Infringement Law?

The Federal Circuit, sitting en banc and in a per curiam opinion, has held a party can be liable as a direct patent infringer under 35 U.S.C. § 271(a) even though it did not make, use, sell, or offer to sell every element of the claimed invention. Akamai Tech., Inc. v. Limelight Networks, Inc., No. […]

Continue Reading

Emergency Call Analysis Patent Claims Invalid Under Alice

Patent claims directed to an “emergency call analysis system” were held patent ineligible, and a motion to dismiss for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 granted, in Boar’s Head Corp. v. Directapps, Inc., No. 2:14-cv-01927-KJM-KJN (E.D. California, July 27, 2015). The court found that under the Mayo/Alice test the patent […]

Continue Reading

Patent Claims to Use of Inertial Sensors Fail the Alice Test

The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35 U.S.C. § 101. Thales Visionix, Inc. v. The United States, No. 14-513C (Ct. Cl. July 20, 2015). Accordingly, the […]

Continue Reading

Powered by WordPress. Designed by WooThemes