Digitally Labeling Website is Unpatentable Subject Matter under 35 U.S.C. § 101, Says E.D. Texas

Patent claims covering labeling websites were “directed to the abstract idea of gathering and labeling information to facilitate efficient retrieval of the labeled information,” without any saving inventive concept, and as such were patent-ineligible.  Gonzalez v. Infostream Grp., Inc., Nos. 2:14-cv-906-JRG; 2:14-cv-907-JRG (E.D. Texas April 25, 2016).  Accordingly, Judge Gilstrap granted summary judgment of invalidity […]

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Does Claim Construction Matter in Determining Patent-Eligibility under 35 U.S.C. § 101?

Patent applicants and owners should position claims for narrow constructions where subject matter is susceptible to challenge under 35 U.S.C. § 101, suggests a recent decision from the USPTO’s Patent Trial and Appeal Board (PTAB).  In a Covered Business Method (CBM) review Final Written Decision, the PTAB held that claims of U.S. Patent No. 8,402,281, […]

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How Did the Supreme Court’s Akamai Decision Change the Law of Divided Patent Infringement?

The Federal Circuit has given new life to a patent owner alleging that actions of multiple parties constitute direct infringement under 35 U.S.C. § 271(a).  Mankes v. Vivid Seats Ltd., No 15-1500 (Fed. Cir. April 22, 2016).  The patent owner had alleged direct infringement of its patent by parties who carried out only some and […]

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Plaintiff Stuck with Collateral Judgment of Patent Invalidity Under Alice in More Ways Than One

Not only did collateral estoppel apply from a prior finding of patent invalidity under 35 U.S.C. § 101, but a plaintiff was denied a motion to voluntarily dismiss its claim of patent infringement, the court expressly leaving open the specter of a fee award to the defendant as a prevailing party under 35 U.S.C. § […]

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Patent Claims to Collecting Website Feedback Not a “Financial Product or Service,” Do Not Qualify for CBM Review, Says PTAB

Patent claims reciting subject matter that, among other applications, could be used in the financial industry, do not qualify for Covered Business Method (CBM) review, said the USPTO’s Patent Trial and Appeal Board in Qualtrics, LLC v. OpinionLab, Inc., Case CBM2016-00003 (PTAB April 13, 2016).  Claims of U.S. Patent No. 8,041,805 were directed to collecting […]

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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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