Posts Tagged: patent eligible
Study Suggests Individuals and Startups More Likely to Face Invalidly under Alice
To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …
Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses
Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed …
Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery
On March 13, American semiconductor developer Broadcom Corporation filed a lawsuit in the Central District of California alleging claims of patent infringement against streaming media producer and provider …
CAFC Holds Sequenom’s Prenatal DNA Patent Claims Eligible Under 101
The U.S. Court of Appeals for the Federal Circuit (CAFC) has reversed a district court decision finding certain claims of two patents covering prenatal DNA testing …
Consumer 2.0 v. Tenant: CAFC Skirts Another 101 Analysis with Rule 36
Last week, the U.S. Court of Appeals for the Federal Circuit issued a Rule 36 judgment in a patent eligibility case, Consumer 2.0, Inc. v. Tenant Turner, Inc., …
Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System
Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
Federal Circuit Affirms Board Finding That Customedia Patents Are Directed to an Abstract Idea
The United States Court of Appeals for the Federal Circuit recently ruled on a Patent Trial and Appeal Board (Board) Covered Business Method (CBM) Decision, affirming the …
Lessons of Wisdom Following Athena SCOTUS Denial and October 2019 Patent Eligibility Guidance Update
This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 …
Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018
As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS …
A Window is Open to Save U.S. Patents—Don’t Let it Slam Shut
There is a window open for legislative action on patent reform, and the innovator community is blowing it. Google fired its lobbyists in Washington, D.C., and …
Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System
Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
Supreme Court Denies Trading Technologies, ChargePoint Petitions
The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
Nintendo Dodges $10.1 Million Jury Verdict in Texas Order Invalidating iLife Patent Under Alice
The U.S. District court for the Northern District of Texas, Dallas Division, overturned a $10.1 million jury verdict on January 17 against Japanese gaming giant Nintendo under the …
Reflections on Denial of Cert in Athena Diagnostics
I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
The Supreme Court is More Interested in Being Right Than Shedding Light on 101
Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
