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 […]
Archive | October, 2014
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 […]
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 […]
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. […]
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 […]
Initiation of CBM Review on Section 101 Grounds Justifies Stay of Patent Case
By Charles Bieneman on October 2, 2014 in America Invents Act, Civil Procedure, Covered Business Method Patent Review, Stays
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 […]