Here are four cases decided in the course of a week in which U.S. district courts held patent claims ineligible under 35 U.S.C. § 101. Synopsis, Inc. v. Mentor Graphics Corp., No. C 12-6467 MMC (N.D. Cal. Jan. 20, 2015). Granted defense motion for summary judgment of invalidity under 35 U.S.C. § 101 for claims […]
Archive | January, 2015
How to Practice Patent Law After Alice
I don’t have all the answers about how to approach patent issues arising under 35 U.S.C. § 101 in the wake of the U.S. Supreme Court’s June 2014 decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. No one does. The United States Patent and Trademark Office has just started to change […]
PTAB Denies a Petition for Inter Partes Review for Petitioners Failing to Identify All Real Parties-in-Interest
In Paramount Home Entertainment Inc. v. Nissim Corporation, IPR2014-00961, the Patent Trial and Appeal Board (“PTAB”) denied a Petition to institute inter partes review of claims 1-5 of U.S. Patent No. 6,304,715 (“the ‘715 patent”), ruling that the Petition failed to identify all real parties-in-interest as required by 35 U.S.C. § 312(a)(2). The December 29, […]
Courts Hold Three Out of Four Patents Invalid Under 35 U.S.C § 101
I do not warrant the accuracy of the title of this post, which is based on anecdotally collected and reviewed data. It is nonetheless instructive that, in cases I located after a fairly through search, an overwhelming majority of patents facing patent-eligibility challenges in federal courts since my last blog post on the subject, i.e., […]