Posts Tagged: patentable subject matter


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

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

Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome

Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
By Gene Quinn
4 months ago 19

High Court is Poised to Un-Muddy the Section 101 Waters Nearly Seven Years After Alice

Could the United States Supreme Court once again weigh in on Section 101 subject-matter eligibility? With the Court having asked for the views of the Solicitor General yesterday, …

CAFC Again Affirms PTAB Rejection of Stanford Patent Application Claims Under Alice

Two weeks after affirming the Patent Trial and Appeal Board’s (PTAB’s) decision to reject Leland Stanford Junior University’s (Stanford) claims drawn to abstract mathematical …
By Matthew Schutte
7 months ago 6

Tillis and Cotton Urge Hirshfeld to Adopt Pilot Program to Address ‘Inherently Vague and Subjective’ Eligibility Analyses

Senators Thom Tillis (R-NC) and Tom Cotton (R-AR) sent a letter on Monday to the acting Director of the United States Patent and Trademark Office (USPTO), Drew …
By Logan Murr
7 months ago 19

CAFC Affirms PTAB Rejection of Stanford Haplotype Phasing Patent Claims Under Alice

On March 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board (PTAB) to hold the …
By Matthew Schutte
7 months ago 21

Bipartisan Group of Senators Asks Hirshfeld to Gather Info on Eligibility Law by Next Year

Senators Thom Tillis (R-NC), Mazie Hirono (D-HI), Tom Cotton (R-AR) and Chris Coons (D-DE) sent a letter on Friday to the Acting Director of the United States …
By Eileen McDermott
7 months ago 22

Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions

You cannot get a patent for an invention if it would have been obvious to a person of ordinary skill in the art at the time. This …
By John Cordani
8 months ago 21

Professors Tell SCOTUS to Correct the CAFC’s ‘Profound Misunderstanding’ in American Axle Case

In one of six amicus briefs filed this week in American Axle & Manufacturing v. Neapco Holdings, LLC—the closely-watched Section 101 patent eligibility case involving driveshaft automotive technology—…
By Eileen McDermott
8 months ago 6

How to Safeguard AI Technology: Patents versus Trade Secrets

A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
By Stan Gibson & Samuel Buchman
8 months ago 1

CAFC Affirms Section 112 Invalidation/ Non-Infringement in Synchronoss v. Dropbox Dispute

On February 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s conclusion of invalidity under Section 112 and/or non-infringement in …
By La'Cee Conley
8 months ago 0

USIJ to Supremes: Set Boundaries on 101 Jurisprudence to Save U.S. Innovation

The Alliance of U.S. Startups & Inventors for Jobs has filed an amicus brief supporting American Axle & Manufacturing, Inc.’s petition for certiorari with the U.S. …
By La'Cee Conley
8 months ago 5

Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance

Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
By Eileen McDermott
8 months ago 26

The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies

Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
By Steve Brachmann
9 months ago 17