Posts Tagged: § 101


Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal

Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
By Steve Brachmann
6 months ago 13

Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility

The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on patent eligibility in several cases. And it has carried out virtually none of …
By Gene Quinn
6 months ago 67

Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101

The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human …

Software Patent Drafting Lessons from the Key Lighthouse Cases

Obtaining a U.S. software patent is still harder than it was five years ago, but studying these "lighthouse" cases can improve one's chances of success. While …
By Gene Quinn
6 months ago 3

Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software

Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether there is in fact an innovation; an invention that we …
By Gene Quinn
6 months ago 14

Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea

In essence, by narrowly identifying certain subject matter groups as being those that properly qualify for characterization as abstract ideas the USPTO is effectively defining what is …
By Gene Quinn
6 months ago 30

Five Patent Law Lessons Learned in 2018

As we look ahead towards 2019, it is worth reflecting on several high-profile patent cases and brewing developments from the past year. Here are five lessons we learned …
By John Hsu & Christopher Bruno
7 months ago 11

American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents

The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American innovation.  Capitol Hill is beginning to discuss this as …
By Herbert C. Wamsley
7 months ago 47

Section 101 Motions to Dismiss Still Alive in District Courts

In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
By Ana Friedman
7 months ago 4

Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent

Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
By Gene Quinn
8 months ago 44

Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO

Artificial intelligence technologies are transforming industries and improving human productivity and health. Unfortunately, the stark reality appears to be that artificial intelligence technologies are likely to be …
By Kate Gaudry & Samuel Hayim
8 months ago 4

Federal Circuit Issues Another Rule 36 Patent Eligibility Loss to a Patent Owner

This particular Rule 36 patent eligibility loss for the patent owner came in Digital Media Technologies, Inc. v. Netflix, Inc., et al., affirmed the district court’s finding …
By Gene Quinn & Steve Brachmann
8 months ago 15

Does the Supreme Court even appreciate the patent eligibility chaos they created?

At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
By Gene Quinn
8 months ago 58

Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
8 months ago 19

Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
8 months ago 3