Posts Tagged: patent eligible


Using narrow claim breadth as a sign of software patent-eligibility

In two cases written by Judge Chen (DDR Holdings, LLC v. Hotels.com L.P., 2013-1505 (Chen, Wallach, Meyer (dissent) and Bascom Global Internet Services, Inc., v. …
By John M. Rogitz
22 hours ago 1

Federal Circuit gives patent eligibility relief to life sciences sector

The Federal Circuit, with Chief Judge Prost writing for the majority, joined by Judge Moore and Judge Stoll, vacated and remanded the case after ruling that the ‘929 …
By Gene Quinn
22 days ago 31

In BASCOM v. AT&T the CAFC says software patent eligible again

This case arrived at the Federal Circuit on an appeal brought by BASCOM from the district court’s decision to grant a motion to dismiss under Rule 12(…
By Gene Quinn
27 days ago 26

No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics

Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
By Gene Quinn
30 days ago 68

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
1 month ago 39

Jericho asks SCOTUS to consider whether blueprint for Defense Global Information grid is abstract

Jericho’s access control model was first used as the blueprint for the Department of Defense Global Information grid in 2007. The software was later deployed across two …
By Audrey Ogurchak
1 month ago 5

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
1 month ago 16

Legislating from the Bench: Overusing §101 for sake of expediency

Unfortunately, §102, §103, and §112 issues can and do get wrapped into the court’s §101 reasoning, thus resulting in opinions with no differentiation. In the end, courts are forcing a …
By Gene Quinn & Audrey Ogurchak
1 month ago 1

The Enfish Decision: Some Light at the End of the Tunnel for Software Patents Since Alice?

What makes the Enfish case particularly interesting is that the court found that the software patent at issue was not even an abstract idea. As such, the …

Is Enfish Much Ado About Nothing?

Enfish bothers me. The Federal Circuit decision puts forth some great phrases, but I am concerned that Enfish will not be as useful as hoped in overcoming §101 …
By Scott Zimmerman
2 months ago 15

USPTO Provides Updates to Patent Subject Matter Eligibility Guidance

On its face, the new guidance seems to urge examiners to develop well-reasoned, substantive rejections rather than conclusory rejections which provide little basis for applicants to advance …

Will SCOTUS take Vehicle Intelligence petition, which calls Alice ‘universal pesticide to kill’ patents?

In March 2016, Vehicle Intelligence filed a petition for writ of certiorari with the Supreme Court arguing that the two-part Alice test is “a universal pesticide to kill …
By Audrey Ogurchak
2 months ago 25

PTAB cites Enfish, refuses to institute Covered Business Method Review on Mirror World patent

Earlier today the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) declined to institute a covered business method (CBM) review …
By Gene Quinn
2 months ago 6

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …
By Brian O’Shaughnessy
2 months ago 3