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 […]

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Online Terms and Conditions Are Usually Enforceable

Many commercial transactions are governed by online terms and conditions provided by one party, to which another party may be bound even if provided only with a reference or link to the online terms and conditions. This truth is illustrated by the recent case of Tuscany S. Am. v. Pentagon Freight Sys., No. 4:12-CV-1309 (S.D. […]

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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 […]

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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 […]

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Prior Art Found Pertinent to Patent-Eligibility Under 35 U.S.C. § 101

Quoting Bob Dylan in “You’re a Big Girl Now,” from the landmark album Blood on the Tracks, Judge Wu in the Central District of California has summed up the present state of patent-eligibility jurisprudence under 35 U.S.C. § 101: “A change in the weather has known to be extreme.” McRo, Inc. v. Codemasters Inc., No. […]

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Yet Another Business Method Patent Fails Section 101 “Abstract Idea” Test

Yet another court has held yet more business method patents invalid for failing to recite patent-eligible subject matter under 35 U.S.C. § 101. In Open Text S.A. v. Alfresco Software Ltd., No. No. 13-cv-04843-JD (Sept 19, 2014), the court granted the defendant’s Rule 12(b)(6) motion to dismiss, holding that claims of U.S. Patent Nos. 7,647,372 […]

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PTAB Invalidates Business Method Claims in CBM Review

Inter partes review (IPR) and post-grant review proceedings conducted by the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office are emerging as a potent tool for invalidating patents. Under the Covered Business Method (CBM) PG-Review available to accused infringers, the PTAB can invalidate patent claims under 35 U.S.C. § […]

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Goodbye to Form 18?

Form 18 appended to the Federal Rules of Civil Procedure provides a form complaint for pleading patent infringement. To the chagrin of many defendants, Form 18 has been used to justify very bare-bones complaints of patent infringement even after the Supreme Court’s Iqbal and Twombley decisions requiring more detailed pleading. Now Form 18 may be […]

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Covered Business Method Patent Found Likely Patent-Eligible Under 35 U.S.C. § 101

The Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office has arguably held that business method patent claims may be patent-eligible under 35 U.S.C. § 101. In PNC Bank v. Secure Axcess, LLC, Case CBM2014-00100 (PTAB Sept. 9, 2014), the PTAB held that U.S. Patent No. 7,631,191 was eligible for […]

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Already Alice Corp. v. CLS Bank Has Brought a Sea-Change in Patent-(In)eligibility

In the four years leading up to Alice Corp. Pty. Ltd. v. CLS Bank Int’l., 134 S. Ct. 2347 (2014), the U.S. Supreme Court addressed patent-eligible subject matter under 35 U.S.C. § 101 in Bilski v. Kappos and Mayo v. Prometheus.  Both decisions clearly cut back on the anything-goes approach to determining patent-eligible subject matter […]

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