Category: Patents

Subject-Matter Eligibility at the CAFC and PTAB: Q1 2018

Monday | May 7, 2018By Shane Skwarekpatent application, patent claims, patent eligibility, subject-matter eligibility

As part of my ongoing research into subject-matter eligibility, I have been monitoring the decisions issued by the U.S. Court of Appeals for the Federal Circuit and the Board of Patent Trials and Appeals of the U.S. Patent Office. Over…

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Patent Assertion Entity’s Claims to Malware Detection Invalidated as an Abstract Idea

Thursday | November 9, 2017By James Watsonfederal circuit, intellectual property, patent eligibility, software patent

The U.S. Court of Appeals for the Federal Circuit affirmed the grant of a motion to dismiss on subject-matter ineligibility grounds in Intellectual Ventures I LLC v. Erie Indem. Co., No. 2017-1147, 2017 U.S. App. LEXIS 22060 (Fed. Cir. Nov.…

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Patent Assertion Entity’s Claims to Malware Detection Invalidated as an Abstract Idea

Thursday | November 9, 2017By Shane Skwarekfederal circuit, intellectual property, patent eligibility, software patent

The U.S. Court of Appeals for the Federal Circuit affirmed the grant of a motion to dismiss on subject-matter ineligibility grounds in Intellectual Ventures I LLC v. Erie Indem. Co., No. 2017-1147, 2017 U.S. App. LEXIS 22060 (Fed. Cir. Nov.…

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Technical Solutions to Computer-Based Problems Give Patent Applicants Success at the PTAB

Saturday | September 23, 2017By James Watsonpatent application, patent eligibility, software patent, subject-matter eligibility

In August and September of 2017, the Patent Trial and Appeal Board of the U.S. Patent Office has issued an unusually high number of reversals in response to appeals from rejections based on subject-matter ineligibility under 35 U.S.C. § 101.…

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Technical Solutions to Computer-Based Problems Give Patent Applicants Success at the PTAB

Saturday | September 23, 2017By Shane Skwarekpatent application, patent eligibility, software patent, subject-matter eligibility

In August and September of 2017, the Patent Trial and Appeal Board of the U.S. Patent Office has issued an unusually high number of reversals in response to appeals from rejections based on subject-matter ineligibility under 35 U.S.C. § 101.…

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Solo Inventor’s Claims to Methods of Rendering 3D Graphics Invalidated as Abstract Idea

Thursday | March 16, 2017By James Watsonfederal circuit, patent claim, software patent, subject-matter eligibility

On March 15, 2017, the U.S. Court of Appeals for the Federal Circuit concluded that the software patent claims before it were invalid because the claimed subject matter fell within one of the judicially created exceptions to 35 U.S.C. §…

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Alice’s Common-Sense Approach Leads to Rejection of Patent Claims Requiring an MRI Machine as an Abstract Idea

Wednesday | January 18, 2017By James Watsoncourt ruling, federal circuit, patent claims

On December 30, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office entered a new ground of rejection on subject-matter ineligibility grounds for claims involving an MRI machine. Ex parte Itagaki et al.[1] presented claims requiring an…

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Alice’s Common-Sense Approach Leads to Rejection of Patent Claims Requiring an MRI Machine as an Abstract Idea

Wednesday | January 18, 2017By Shane Skwarekcourt ruling, federal circuit, patent claims

On December 30, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office entered a new ground of rejection on subject-matter ineligibility grounds for claims involving an MRI machine. Ex parte Itagaki et al.[1] presented claims requiring an…

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Electronic Arts Secures Early Dismissal of Patent Infringement Suit

Thursday | June 9, 2016By James Watsoncourt ruling, patent eligibility, patent infringement, software patent

On June 2, 2016, the U.S. District Court for the District of Utah granted Electronic Arts Inc.’s motion to dismiss a patent infringement claim brought by White Knuckle Gaming, LLC. White Knuckle Gaming had asserted claims of U.S. Patent No.…

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Electronic Arts Secures Early Dismissal of Patent Infringement Suit

Thursday | June 9, 2016By Shane Skwarekcourt ruling, patent eligibility, patent infringement, software patent

On June 2, 2016, the U.S. District Court for the District of Utah granted Electronic Arts Inc.’s motion to dismiss a patent infringement claim brought by White Knuckle Gaming, LLC. White Knuckle Gaming had asserted claims of U.S. Patent No.…

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