Posts Tagged: Alice
A Realistic Perspective on post-Alice Software Patent Eligibility
Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
An Abdication of Collective Responsibility by the Federal Circuit
The Federal Circuit has often demanded some technical advantage under § 101 when none is required by U.S. patent law. The Federal Circuit has also made § 101 more burdensome, …
Alice at Age Four: Time to Grow Up
Four years later, the patent landscape demonstrates that Alice has become a train wreck for innovation... Unfortunately, the Federal Circuit failed to rein in this rout of …
Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?
Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
USAA Asserts Mobile Check Deposit Patents Against Wells Fargo
USAA alleges that Wells Fargo Mobile Deposit remote deposit capture system, which was released years after either of USAA’s remote deposit services were first offered, infringe …
Mayo/Alice ‘Directed to’ Inquiry and a Split Federal Circuit: Vanda Pharma v. West-Ward Pharma
In Vanda, Chief Judge Prost, one of the judges on the CellzDirect panel, dissented from the majority’s decision that found claims patent eligible for not being …
Surviving Alice: Counseling the Client
In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical …
Federal Circuit rules Alice did not alter the law governing 101
How the Federal Circuit could rule that Alice did not change the law governing § 101 is a bit of a mystery. Applying the same two-step test seems a …
The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations
In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
IP Due Diligence for Start-ups in the 2018 Legal Environment – The Most Important Conversation
For IP due diligence for investment in a start-up or young company, the most important conversation is with the key developer(s) of the product(s) or …
Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors
While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …
Blackbird Technologies to Appeal Ineligibility Ruling in Cloudflare Patent Infringement Litigation
“One thing that I find curious is that Cloudflare claims to have 150 patent assets on the same type of technology,” Verlander said. Such assets include U.S. …
Why Patent Contingency Litigation is Declining?
Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario …
Is there a Light at the End of the Alice Tunnel?
Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
Unlocking the Value in Software Patents
Alice has had an impact on software patents, but they still hold significant value. If your portfolio includes software patents, there will be times when you want …
