Category: Court Decision
Federal Circuit Pushes Back Against Premature Grant of § 101 Motions
Sunday | February 18, 2018By James Watsoncourt ruling, federal circuit, intellectual property, patent claimsIn a pair of decisions, the Federal Circuit has raised the standard for motions to dismiss and motions for summary judgment on grounds that patent claims are unpatentably abstract. In Berkheimer v. HP Inc., No. 2017-1437, 2018 U.S. App. LEXIS…
Read MoreCore Wireless Licensing’s GUI Claims Found Patent-Eligible by the Federal Circuit
Monday | January 29, 2018By James Watsoncourt ruling, federal circuit, software patentThe Federal Circuit has confirmed that the subject matter of Core Wireless Licensing’s claims to a graphical user interface (GUI) is patent-eligible under 35 U.S.C. § 101 in Core Wireless Licensing S.A.R.L. v. LG Elecs., Inc., No. 2016-2684, 2018 U.S. App.…
Read MoreCore Wireless Licensing’s GUI Claims Found Patent-Eligible by the Federal Circuit
Monday | January 29, 2018By Shane Skwarekcourt ruling, federal circuit, software patentThe Federal Circuit has confirmed that the subject matter of Core Wireless Licensing’s claims to a graphical user interface (GUI) is patent-eligible under 35 U.S.C. § 101 in Core Wireless Licensing S.A.R.L. v. LG Elecs., Inc., No. 2016-2684, 2018 U.S. App.…
Read MoreThe Federal Circuit Finds Finjan’s Behavior-Based Virus Scanning Patent-Eligible
Thursday | January 11, 2018By James Watsoncourt ruling, federal circuit, patent attorney, software patentFinjan owns several patents in the field of cybersecurity and virus protection, which it asserted against Symantec-owned Blue Coat Systems. Over the objections of Blue Coat, the U.S. District Court for the Northern District of California concluded that the subject…
Read MoreThe Federal Circuit Finds Finjan’s Behavior-Based Virus Scanning Patent-Eligible
Thursday | January 11, 2018By Shane Skwarekcourt ruling, federal circuit, patent attorney, software patentFinjan owns several patents in the field of cybersecurity and virus protection, which it asserted against Symantec-owned Blue Coat Systems. Over the objections of Blue Coat, the U.S. District Court for the Northern District of California concluded that the subject…
Read MoreFed. Cir. Affirms Award of Attorney’s Fees, Finding Claims to Remote Ordering Clearly Ineligible for Patenting
Monday | December 18, 2017By James Watsonfederal circuit, intellectual property, patent attorney, patent eligibilityThe U.S. Court of Appeals for the Federal Circuit upheld a Delaware District Court’s award of attorney’s fees because the patent owner should have known its claims were objectively ineligible for patent protection under § 101 in Inventor Holdings, LLC v.…
Read MoreFed. Cir. Affirms Award of Attorney’s Fees, Finding Claims to Remote Ordering Clearly Ineligible for Patenting
Monday | December 18, 2017By Shane Skwarekfederal circuit, intellectual property, patent attorney, patent eligibilityThe U.S. Court of Appeals for the Federal Circuit upheld a Delaware District Court’s award of attorney’s fees because the patent owner should have known its claims were objectively ineligible for patent protection under § 101 in Inventor Holdings, LLC v.…
Read MoreWatch Out for Claim Preambles in Light of Federal Circuit Decision
Thursday | November 2, 2017By James Watsonfederal circuit, patent attorney, patent claim, subject-matter eligibilityOn November 1, 2017, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's grant of a motion for judgment on the pleadings on subject-matter ineligibility grounds in Two-Way Media v. Comcast Cable Communs., No. 2016-2532, 2017 U.S.…
Read MoreDivided Fed. Cir. Panel Holds Government Has Standing for CBM Review
Thursday | August 31, 2017By James Watsoncourt case, federal circuit, patent attorney, patent claimIn Return Mail, Inc. v. U.S. Postal Serv., No. 2016-1502, 2017 U.S. App. LEXIS 16364 (Fed. Cir. Aug. 28, 2017), the Federal Circuit considered whether the government has standing to request covered business method patent review. Return Mail had argued…
Read MoreDivided Fed. Cir. Panel Holds Government Has Standing for CBM Review
Thursday | August 31, 2017By Shane Skwarekcourt case, federal circuit, patent attorney, patent claimIn Return Mail, Inc. v. U.S. Postal Serv., No. 2016-1502, 2017 U.S. App. LEXIS 16364 (Fed. Cir. Aug. 28, 2017), the Federal Circuit considered whether the government has standing to request covered business method patent review. Return Mail had argued…
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