A court was easily able to analogize claims of two patents directed to electronic messaging to manual communications processes; the court consequently granted a motion for summary judgment of invalidity under 35 U.S.C. § 101. Mobile Telecommunications Technologies LLC v. Blackberry Corp., No. 3:12-cv-1652-M (N.D. Texas May 12, 2016). Independent claims 1 and 8 of […]
Archive | May, 2016
Claims to “Operating Applications for Remote Terminal Devices” Patent-Ineligible, Says Delaware’s Judge Robinson
Delaware’s Judge Robinson, who recently pointedly noted other courts’ aggression in holding software patent claims to recite patent-ineligible subject matter, has granted a motion to dismiss, finding that patent claims directed to remote operation of a terminal device are not patent-eligible. Device Enhancement LLC v. Amazon.com, Inc., Civ. No. 15-762-SLR (D. Del. May 17, 2016). […]
Claims to Devices Sharing GPS Addresses Not Patent-Eligible in E.D. Texas
Patent claims drawn to “entering location information into a positional information device” were held patent-ineligible under 35 U.S.C. § 101 in Rothschild Location Technologies LLC v. Geotab USA, Inc., 6:15-cv-682-RWS-JDL (E.D. Texas May 16, 2016). Judge Schroeder upheld the report and recommendation of Magistrate Judge John D. Love, in which Judge Love recommended granting a […]
USPTO to Examiners after Enfish: Claim Can Be Patent Eligible Without Physical Elements
Patent applicants who have been frustrated by patent examiners who reject claims under 35 U.S.C. § 101 alleging that “software per se” is not patent-eligible will be heartened by the USPTO’s May 19, 2016, memorandum concerning “Recent Subject Matter Eligibility Decisions” to the Patent Examining Corps. In that memorandum, discussing the recent Federal Circuit case […]
Administering Digital Images Not Patent-Eligible, Says Federal Circuit
The Federal Circuit has affirmed the invalidity under 35 U.S.C. § 101 of patent claims drawn to “recording and administering digital images.” TLI Communications LLC v. AV Automotive LLC, Nos. 2015-1372[, etc.] (Fed. Cir. May 17, 2016). In an opinion authored by Judge Hughes, author of the recent decision upholding the patent-eligibility of claims in […]
Clinical Research Methods Not Patent-Eligible Under 35 U.S.C. § 101
Five patents claiming methods of performing and managing clinical research were held patent-ineligible under the Alice/Mayo abstract idea test in eResearchTechnology, Inc. v. CRF, Inc., No. 15-918 (W.D. Pa. May 10, 2016). After finding each of U.S. Patent Nos. 8,065,180; 8,145,519; 8,433,605; 6,879,970; and 7,415,447 invalid under 35 U.S.C. § 101, the court granted a […]
DMCA Safe Harbor Covers Content from Independent Contractors
The Tenth Circuit recently held that a website provider could not be held liable for copyright infringement for the unauthorized use of copyrighted photographs in content created by its contractors. BWP Media, USA v. Clarity Digital Group, 2016 U.S. App. LEXIS 7406 (10th Cir. Apr. 25, 2016). Defendant AXS owns and operates Examiner.com, a “dynamic […]
Federal Circuit Clearly Says Software Can Be Patentable
A Federal Circuit panel (Judges Moore, Taranto, and Hughes) has unambiguously stated that some — one might even say much — software is patent-eligible, reversing findings of invalidity under 35 U.S.C. § 101 for two patents “directed to an innovative logical model for a computer database.” Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. […]
No Interlocutory Appeal for Adverse Alice Ruling
Having denied a defendant’s motion to find patents invalid under 35 U.S.C. § 101, Delaware’s Judge Robinson has now denied the defendant’s request for interlocutory appeal under 28 U.S.C. § 1292(b). Improved Search, LLC v. AOL, Inc., No. 1:15-cv-00262 (D. Del. May 6, 2016). Judge Robinson explained that interlocutory appeal should be exceptional, and should […]
New USPTO Patent-Eligibility Guidance Not So New
The USPTO’s “Subject Matter Eligibility” page has received updates as of May 4, 2016. These updates include examples that will be of great interest to life sciences practitioners. The rest of us will find little news. The Office has provided a memorandum for its patent examiners on “Formulating a Subject Matter Eligibility Rejection and Evaluating […]