Posts Tagged: Enfish v. Microsoft
Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims
The Federal Circuit has been criticized for creating categories of abstract ideas when applying Alice v. CLS’s two-prong framework and for refusing to define the contours …
Finnavations v. Payoneer: A Case Study Into a Broken Patent System
If you innovate and invest more than $10,000 to obtain patent protection on your idea, do you trust a government-issued patent to be a valid one? And if …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
Patent Eligibility of Medical Diagnostic Inventions: Where Are We Now, and Where Are We Headed?
In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“Athena”) and Cleveland Clinic Found. …
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 …
Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
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 …
Fall Line Asserts Seemingly Invalid Patent Against a Host of Major Companies
On August 15, 2018, Fall Line Patents, LLC asserted U.S. Patent No. 9,454,748 against a number of companies. Specifically, Fall Line alleged in nine separate lawsuits that the mobile …
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 …
In precedential decision, Federal Circuit rules patent directed to encoding and decoding image data is not patent-eligible
The Federal Circuit held that the claim was directed to the abstract idea of encoding and decoding image data. According to the panel, the claim recited “a …
Putting Words in the Mouth of McRO: The PTO Memorandum of November 2, 2016
The USPTO Memorandum of November 2, 2016 as to Recent Subject Matter Eligibility Decisions (“USPTO Memo”) inappropriately attributes the phrase “computer-related technology” to McRO, Inc. dba Planet Blue v. …
Ex parte Itagaki: Has the PTAB gone too far in invalidating patents under 35 USC 101
When addressing the issue of generality vs. particularity, we come across a situation where the inventors described the most crucial aspect of the invention, the classification unit, …
A Guide to Software Patent Eligibility at the Federal Circuit
The Alice/Mayo framework is the decisional approach adopted by the United States Supreme Court for determining whether a patent claim exhibits, such as software patent claims, …
How to Patent Software in a Post Alice Era
In a nutshell, if you are going to write a patent application in such a way that at the end of the it the reader is left …
