For an example of a patent claim that survived a district court’s application of the Alice/Mayo patent-eligibility test, see independent claim 24 of US Patent No. 6,928,479. 01 Communique Laboratory, Inc. v. Citrix Systems, Inc., No. 1:06-cv-253 (N.D. Ohio Dec. 21, 2015.) In this case, the court denied the defendant’s motion for summary judgment of […]
Archive | January, 2016
Federal Circuit Demonstrates There Are Easy Cases under the Alice/Mayo Patent-Eligibility Test
The Federal Circuit has held patent-ineligible claims drawn to “the abstract idea of testing operators of any kind of moving equipment for any kind of physical or mental impairment.” Vehicle Intelligence and Safety LLC v. Mercedes-Benz USA LLC, No. 2015-1411 (Fed. Cir., Dec. 28, 2015) (per curiam). If you read independent claims 8 and 16 […]
Unreasonable Section 101 Arguments Support “Exceptional Case” Finding and Award of Attorney Fees Against Patent Plaintiff
Based on the plaintiff’s “unreasonable § 101 positions and vexatious litigation strategy,” Judge Gilstrap in the Eastern District of Texas found an exceptional case under 35 U.S.C. § 285, and granted a defense motion for attorney fees in eDekka LLC v. 3Balls.com, Inc., No. 2:15-CV-541 (E.D. Tex. December 17, 2015). At risk of overstating the […]