Posts Tagged: patent eligibility


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 …
By Steve Saunders
7 days ago 9

Supremes Deny101 Appeal Dealing with Electronic Data and Electromagnetic Signals

On Monday, December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in Carl M. Burnett v. Panasonic Corporation, declining to take up …
By Steve Brachmann
7 days ago 12

CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible

The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …

Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent

Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
By Gene Quinn
14 days ago 44

Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO

Artificial intelligence technologies are transforming industries and improving human productivity and health. Unfortunately, the stark reality appears to be that artificial intelligence technologies are likely to be …
By Kate Gaudry & Samuel Hayim
15 days ago 4

Federal Circuit Issues Another Rule 36 Patent Eligibility Loss to a Patent Owner

This particular Rule 36 patent eligibility loss for the patent owner came in Digital Media Technologies, Inc. v. Netflix, Inc., et al., affirmed the district court’s finding …

Does the Supreme Court even appreciate the patent eligibility chaos they created?

At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
By Gene Quinn
1 month ago 58

Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
1 month ago 19

Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
1 month ago 3

The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name

Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
By Gene Quinn
1 month ago 18

Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility?

To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining …
By Gene Quinn
1 month ago 2

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
1 month ago 20

Boston Patent Law Association Announces Support for IPO-AIPLA Section 101 Legislative Fix

The Boston Patent Law Association (BPLA) has announced its support for a proposal for a legislative fix to 35 U.S.C. § 101, the statute governing basic patentability in …
By Steve Brachmann
1 month ago 14

Why isn’t Congress Upset about Judicial Exceptions to Patent Eligibility?

Some courts have characterized this final inquiry as “the hunt for the inventive concept.” That would make some logical sense if and only if a claimed invention …
By Gene Quinn
1 month ago 30

Cardiac Monitoring Patent Invalidated Under § 101 as Patent Ineligibility

U.S. District Judge Indira Talwani of the District of Massachusetts signed an order dismissing a patent infringement suit brought by Malvern, PA-based wireless medical technology company …
By Steve Brachmann
2 months ago 25

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close