CAFC Reverses Examiner’s and PTAB’s Broadest Reasonable Interpretation of “Wireless”

In an appeal from the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) reversed the rejection of independent claims 1, 34, and 43 of U.S. Patent Application No. 09/874,423 in In re Kevin R. Imes.  The Federal Circuit held that the PTAB had improperly applied the broadest reasonable […]

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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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“Transaction Security Apparatus” Held Not Patent-Eligible

Patent claims directed to securing banking transactions carried out over the Internet were held patent-ineligible in Joao Bock Transaction Sys. v. Jack Henry & Assocs., Civ. No. 12-1138-SLR (D. Del. Dec. 15, 2014).  Finding that the claims were directed to an “abstract idea” with no additional innovation, the court granted the Defendant’s motion for summary […]

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Internet Business Method Claims Are and Are Not Patent-Eligible, Says Federal Circuit

A Federal Circuit panel has found that patent claims directed to managing the look and feel of e-commerce web pages are patent-eligible under 35 U.S.C. § 101. DDR Holdings, LLC v. Hotels.com, L.P., No. 2013-1505 (Fed. Cir. Dec. 5, 2014). The majority opinion was authored by Judge Chen, and joined by Judge Wallach. Judge Mayer […]

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Webinar: How to Practice Patent Law After Alice

A recording of this webinar is available online. The PowerPoint presentation for this webinar is posted here: How to Practice Patent Law After Alice John Kong’s paper is posted here:  Surviving Alice Gone Wild 12-09-2014 Presented by the IP Legal Network, this free webinar on December 9, 2014, at 1 pm EST, will provide practical […]

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Ho-hum: More Rule 12 Motions, More Patent Claims Held Invalid Under 35 U.S.C. § 101

In the wake of Alice Corp. v. CLS Bank, court after court has held patent claims invalid for failing to recite patent-eligible subject matter under 35 U.S.C. § 101.  And courts are not waiting for claim construction or summary judgment to make their decisions, instead granting motions brought at the pleadings stage under FRCP 12.  […]

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PTAB Holds Software Claims Indefinite

With all the attention paid recently to patent-eligibility questions under 35 U.S.C. § 101, patent drafters should take note of a recent decision by the USPTO’s Patent Trial and Appeal Board (PTAB) holding claims indefinite under 35 U.S.C. § 112, second paragraph.  In In re Dawson, Appeal 2012-004396 (Sept. 18, 2014), the PTAB entered a […]

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