Posts Tagged: abstract


It is time for Judge Mayer to Step Down from the Federal Circuit

Simply stated, the industry and the public deserve better than Judge Mayer. His anti-patent views so cloud his judgment that he twists, exaggerates and misrepresents in order …
By Gene Quinn
3 years ago 113

Medical software provides life-saving results, not abstract ideas

Those who make the argument that medical software is abstract, or trivial, are just wrong. Medical software has been developed to benefit both patients and medical practitioners …
By Gene Quinn & Steve Brachmann
3 years ago 2

Federal Circuit rules claims defining information-based result are patent ineligible

The CAFC then approvingly noted that the district court invoked "an important common-sense distinction between ends sought and particular means of achieving them, between desired results (functions) …
By John M. Rogitz
3 years ago 21

The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
3 years ago 15

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
3 years ago 5

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
3 years 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
3 years ago 6

Will the Federal Circuit’s Enfish ruling have broader implications for data storage patents in general?

Days before this Federal Circuit decision, the Patent Trial and Appeal Board (PTAB) issued its decision for Informatica Corp. v. Protegrity Corp. The patent at issue in …
By Audrey Ogurchak & Gene Quinn
3 years ago 4

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

USPTO gives examiner guidance in light of Enfish v. Microsoft

Bahr tells examiners that based on the Federal Circuit ruling they "may determine that a claim direct to improvements in computer-related technology is not direct to an …
By Gene Quinn
3 years ago 45

McRo decision expected to clarify abstract idea doctrine under Alice

A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether …
By Zachary Silbersher
3 years ago 42

Amici Ask Federal Circuit to Curb Misapplication of Alice to Specific, Novel, and Concrete Inventions

On December 18, 2015, several amici filed a brief in support of appellants in Netflix, Inc. v. Rovi Corp. et al., No. 15-1917 at the Federal Circuit. The amici …

Programmed computers are switching machines, and not directed to an abstract idea

A computer is a machine, yet there is an ongoing trend to “anthropomorphize” computers. That is: functions that are performed by humans are said to be able …
By Peter Lablans
3 years ago 11

PTAB Wonderland: Statistics show Alice PTAB interpretation not favorable to patent applicants

The United States Supreme Court is commonly known to resolve difficult issues of law. Yet, Alice v. CLS Bank[ii], last year’s unanimous Supreme Court decision, …
By Eli Mazour & James Bennin
4 years ago 7

How to Fix the Software Patent Mess: Go Back to Basics

If U.S. patent eligibility rules were more clear and predictable, the useful art of software development would be more prevalent. The “notorious computer” of the European …
By Bradley J. Hulbert
4 years ago 9