Posts Tagged: abstract


Federal Circuit Is Hesitant to Construe Patent Claims in the First Instance on Appeal

The Federal Circuit recently vacated and remanded a decision by the Northern District of California granting a motion on the pleadings that claims related to “toolbars” on …

Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment in Solutran, Inc. v. Elavon, Inc., Nos. 2019 U.S. App. LEXIS 22516 (Fed. Cir. …
By Gene Quinn
29 days ago 56

Federal Circuit Nixes Claims for Garage Door Opener as Abstract Under Alice

A Federal Circuit panel comprising Judges Lourie, O’Malley and Chen issued a precedential opinion yesterday, August 21, in part reversing a district court’s finding that certain …
By Eileen McDermott
1 month ago 20

Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer

On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
By John M. Rogitz
3 months ago 3

How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions

It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry …
By Robert Tarcu
6 months ago 7

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
9 months ago 30

Abstractness is not the malleable concept the Supreme Court thinks

If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim …
By Peter Kramer
12 months ago 54

Can I hold on long enough until the madness stops?

If someone told me when starting my career in 1976 that I would discover a process that has been beyond the reach of professionals and experts for over 62 …
By Jeffrey Killian
1 year ago 94

Federal Circuit says Claims for Summarizing Information are Not Abstract

The Federal Circuit affirmed the district court’s denial of LG‘s motion for summary judgment that various claims of Core’s patents were directed to patent …

Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …

Federal Circuit says Finjan virus-screening method not abstract, is patent eligible

In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the …
By John M. Rogitz
2 years ago 0

Will the Supreme Court continue to be influenced by patent reform?

Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …

Smart Systems decision a sad reminder of deleterious state of U.S. patent eligibility law

The Federal Circuit evidences a great deal of myopia to declare that these patents are not directed to a technological advance, even if they can string together …
By Gene Quinn & Steve Brachmann
2 years ago 6

For A Trial Court Peering Through The Looking Glass, Everything Appears Abstract

Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation …
By Meredith Addy
2 years ago 5

Federal Circuit says computer memory system claims patent eligible, not abstract

The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice …
By Gene Quinn
2 years ago 45