“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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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.  […]

Continue Reading

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 […]

Continue Reading

Patent Claims For Retrieval of Data from Medical Database Held Not Patent-Eligible

Patent claims directed to a medical database did not meet patent-eligibility requirements of 35 U.S.C. § 101. Therefore, the court in Cogent Med., Inc. v. Elsevier Inc., Nos. C-13-4479-RMW; C-13-4483-RMW; C-13-4486-RMW (N.D. Cal. Sept. 30, 2014), granted a motion to dismiss the plaintiffs complaint for patent infringement for failing to state a claim under FRCP […]

Continue Reading

Court Finds Patent Claims Directed to Abstract Idea But Denies Motion to Dismiss

Patent claims directed “to the abstract idea of verifying a transaction” included “a limitation requiring pseudorandom tag generating software that could not be done with pen and paper,” which limitation could plausibly be read as narrowing the claims to make them patent-eligible. Therefore, the court in Card Verification Solutions, LLC v. Citigroup Inc., No. 13 […]

Continue Reading

Patent Claims Drawn to Internet Monitoring and Network Control Are Patent-Eligible, Delaware Court Holds

Patent claims directed to remote monitoring of network sessions and management of computer network access are patent-eligible under 35 U.S.C. § 101, according to a recent Delaware decision. Helios Software v. Spectorsoft Corp., No. 12-081-LPS (Sept. 18, 2014). The court’s decision came in the midst of decisions on a volley of summary judgment motions that […]

Continue Reading

Initiation of CBM Review on Section 101 Grounds Justifies Stay of Patent Case

The Federal Circuit has affirmed the decision of Judge Stark in the District of Delaware to stay a lawsuit alleging infringement of U.S. Patent No. 6,625,582 following the U.S. Patent and Trademark Office’s decision to institute a Covered Business Method (CBM) review of the ’582 patent. Benefit Funding Systems, LLC v. Advance America Cash Advance […]

Continue Reading

Powered by WordPress. Designed by WooThemes