Posts Tagged: patent eligible


An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?

I recently opened a Bordeaux and re-read the petition for certiorari in American Axle v. Neapco. Not because I like watching horror films or black-and-white footage of …
By Meredith Addy
2 days ago 8

CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics

The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
By Scott Bluni
6 days ago 0

Employing a Trademark Test to Determine When a Patent is ‘Directed To’ a Section 101 Judicial Exception

Under U.S. trademark law and court precedent, determining whether there is a likelihood of confusion involves weighing a number of factors (13 factors to be exact), known …
By Wayne Reinke
13 days ago 12

Reyna Concurs in CAFC Reversal of Ineligibility Holding, But Blasts Majority’s Approach to Alice

The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a district court decision that patent claims directed to an “authentication method” were ineligible …
By Eileen McDermott
15 days ago 11

IPWatchdog LIVE Panel Asks if Federal Circuit is Killing Software Patents and Answers Definitively, ‘Yes’

On Day 2 of IPWatchdog LIVE, a lively morning panel was convened on the subject of “Is the Federal Circuit Killing Software Patents?” Though that question was answered …
By Steve Brachmann
1 month ago 25

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme …
By Yvonne Morris
2 months ago 17

The U.S. Patent System and Quantum Cryptography: An Awkward Relationship

Quantum computing continues to gain traction as an emerging technology, with potentially far-reaching and dangerous applications in the United States and worldwide. However, there are some applications …
By Theodore Rand
2 months ago 10

Federal Circuit Affirms 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa

On Thursday, August 26, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Universal Secure Registry LLC v. Apple Inc. in which …
By Steve Brachmann
2 months ago 17

In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related

As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. …
By Raymond Millien & Yi Chen
2 months ago 9

Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California …
By Eileen McDermott
2 months ago 15

In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage

On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
By Logan Murr
3 months ago 3

USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
3 months ago 11

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional

The U.S. District Court for the Southern District of California recently ended a long, drawn-out patent infringement battle dealing with menu patents, which saw action in …
By Gene Quinn
4 months ago 0

La Cour d’Appel de l’Absurde (The Court of Appeals of the Absurd)

Reading the recent opinion of Judges Prost and Taranto in Yu and Zhang v. Apple and Samsung, Appeal Nos. 2020-1760, 1803 (Fed.Cir. June 11, 2021), I’m reminded of …

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
4 months ago 1