Posts Tagged: Alice
The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations
In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …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 …
Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress
In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
Federal Circuit Curtails Alice: Economic arrangements using generic computer technology ‘significant, if not determinative’
On December 8, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Inventor Holdings, LLC v. Bed Bath & Beyond, Inc. (2016-2442) that …
Bed Bath and Beyond Wins Nearly $1 Million in Attorneys’ Fees for Defending Meritless Claims
In Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., the Federal Circuit affirmed an award of attorneys’ fees in the lower court because “following the Alice decision, …
Changes in Patent Language to Ensure Eligibility Under Alice
When a rule becomes a target, it ceases to be a good rule. In the three years since the Supreme Court issued its opinion in Alice, there …
Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification
In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …
Importance of Motions to Stay in Modern Patent Litigation
The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more …
CAFC Rules Mass Transit Fare System Claims Patent Ineligible
In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four …
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 …
