In Fischer v. Forrest, 14 Civ. 1304 (PAE); 14 Civ. 1307 (PAE) (S.D.N.Y. Jan 13, 2015), the court denied a Rule 12(b)(6) motion to dismiss a suit alleging copyright and trademark infringements. Of particular interest in this post is the pleading required to state a claim for remove of Copyright Management Information (CMI) under the […]
Archive | March, 2015
Patent Claims to Dynamic Pricing Held Not Patent-Eligible (Again)
A Delaware district judge has adopted a magistrate’s recommendation to hold patent-ineligible claims directed to dynamically pricing a transaction, and dynamically providing product upgrade options to a customer. Tenon & Groove LLC v. Plusgrade SEC, No. 1:12-cv-01118 (D. Del. March 11, 2015). The patents-in-suit were U.S. Patent Nos. 7,418,409 and 8,145,536. In a reminder to […]
Patent Claims for Optimizing Helpdesk Requests Recite an Abstract Idea under 35 U.S.C. § 101
Patent claims directed to a software system for “optimizing the efficiency” of processing IT helpdesk requests were held patent-ineligible under 35 U.S.C. § 101 as directed to abstract ideas. Accordingly, the court in Hewlett Packard Co. v. ServiceNow, Inc., Case No. 14-cv-00570-BLF (N.D. Cal. Mar. 10, 2015), granted summary judgment of invalidity with respect to […]
Action Brought Under DMCA and CFAA Dismissed (Part II)
In Part I of this post, we discussed copyright infringement and Digital Millennium Copyright Act (DMCA) claims brought in LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (S.D.N.Y. Jan. 13, 2015). Now we turn to the Computer Fraud and Abuse Act (CFAA) claim brought in the case, and lessons from […]
Broad Interpretation of “Financial Product Or Service” and an Abstract Idea Makes Patent Claims Directed to Insurance Valuation Eligible for Covered Business Method Review
By Charles Bieneman on March 5, 2015 in America Invents Act, Covered Business Method Patent Review, Patentable Subject Matter
The USPTO’s Patent Trial and Appeal Board (PTAB) has instituted a Covert Business Method (CBM) review of three patents claiming methods for obtaining valuation reports relating to damaged vehicles for automobile insurance claim purposes. The PTAB thought that claims of U.S. Patent Nos. 7,912,740, 8,200,513, and 8,468,038 were directed to a “financial product or service” […]
One Case, Two Section 101 Patent-Eligibility Results
One patent was held to recite ineligible subject matter under 35 U.S.C. § 101, and a second patent was held eligible, in Intellectual Ventures I, LLC v. Motorola Mobility LLC, No. 11-908-SLR (D. Del. Feb 24, 2015). This result provides guidance for all involved in patent eligibility questions but may be particularly useful, I think, […]