PTAB Reverses Patent-Eligibility Rejection of Business Method Implemented in a Vending Machine

Contrary to what some might think, the Patent Trial and Appeal Board (PTAB) does not always affirm rejections under 35 U.S.C. § 101, as evidenced by its recent decision in Ex parte Krampe, Appeal 2013-010784; Appl. No. 12/653,741; Technology Center 3600 (March 31, 2016).  In this case, the PTAB held that the Examiner had failed […]

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Claims Drawn to Monitoring and Analyzing Network Data Held Patent-Eligible

Claims drawn to “enterprise network” monitoring and analysis are patent-eligible, according to Delaware’s Judge Sue Robinson, who denied the defendant’s motion for Summary Judgment of invalidity under 35 U.S.C. § 101 in SRI International Inc. v. Cisco Systems Inc., No. 1:2013cv01534 (D. Del. April 11, 2016).  Some people – including many patent examiners – will […]

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How Do Biotech Patent-Eligibility Cases Speak to Computer Patent-Eligibility Cases?

The Federal Circuit recently held that a claim of U.S. Patent No. 5,612,179, reciting “methods of detecting genetic variations” was directed to unpatentable subject matter under 35 U.S.C. § 101.  Genetic Technologies Ltd. V. Merial, LLC, Nos. 2015-1202, 2015-1203 (Fed. Cir. April 8, 2016).  Anytime the Federal Circuit weighs in on Section 101 patent-eligibility, those […]

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E.D. Texas Judge Gilstrap Holds “Computerized Discount Redemption System” Patent-Ineligible

No one will be surprised that a court has held that patent claims directed to a “discount redemption system” are not patent-eligible under 35 U.S.C. § 101.  Worth noting, however, is that this determination comes from Judge Gilstrap’s court in the Eastern District of Texas, that court’s patent-friendly reputation notwithstanding.  In NexusCard, Inc. v. The […]

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Court Holds Patent Claims Fail Alice Test After PTAB Declined to Institute CBM on Patent-Eligibility Grounds

Patent claims directed to “providing money or an item of value to an account-holder” and “paying on behalf of a person for money or an item of value” fail the abstract idea test of Alice Corp. v. CLS Bank, according to a federal district court.  Global Cash Access Inc. v. NRT Technology Corp., No. 2:15-cv-00822 […]

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Claims to Electronic “Message Publishing” Not Patent-Eligible

Twitter has won a summary judgment of invalidity, under 35 U.S.C. § 101 and the familiar Alice/Mayo “abstract idea test, concerning claims of five patents directed to authenticating a message sender and then converting a message to a format to display on the Internet.  Easyweb Innovations, LLC v. Twitter, Inc., No 11-CV-4550 (JFB)(SIL) (E.D.N.Y. March […]

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Ho-Hum – Federal Circuit Affirms PTAB Decision that Claims Directed to Securities Trading System Are Not Patent-Eligible

In a one-word per curiam order, the Federal Circuit has affirmed the Patent Trial and Appeal Board’s holding that patent claims directed to a securities trading system are invalid under 35 U.S.C. § 101.  Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, 2015-1728, 2015-1729, 2015-1730 (Fed. Cir. March 25, 2016). Here are links […]

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A Deeper Meaning in the Federal Circuit’s Exclusion of “Digital Goods” From ITC Jurisdiction?

The Federal Circuit’s recent denial of a rehearing en banc of its decision in ClearCorrect Operating, LLC v. ITC, 810 F.3d 1283 (Fed. Cir. 2015), confirms that the International Trade Commission’s jurisdiction under Section 337 of the Tarriff Act, 19 U.S.C. § 1337 does not include digital items.  ClearCorrect Operating, LLC v. ITC, No. 2014-1527 […]

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Federal Circuit Recognizes Privilege For Patent Agents

The Federal Circuit recently held that there is an independent patent agent privilege, explaining that because prosecuting a patent application before the US Patent and Trademark Office (USPTO) constitutes the practice of law, communications with non-attorney patent agents are privileged. In re: Queen’s University at Kingston, No. 2015-145, 2016 U.S. App. LEXIS 4259 (Fed. Cir. […]

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One-Court Alice Backlash: Delaware’s Judge Robinson, Critical of Recent Trends, Upholds Software Patents in Three Cases

Judge Sue Robinson—the longest-serving judge in the District of Delaware, among the most popular patent venues in the nation—bucked the trend in patent-eligibility law. Recently, she issued three opinions in three cases addressing software-related patents under 35 U.S.C. § 101. Improved Search LLC v. AOL, Inc., Civ. No. 15-262-SLR (D. Del. Mar. 22, 2016); Intellectual Ventures […]

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