Category: court ruling
Federal Circuit’s Dropbox Decision: Missing the Forest for the Trees?
Saturday | June 20, 2020By Shane Skwarekabstract ideacourt rulingpatent claimpatent eligibilitysoftware patentOn June 19, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed the invalidation of three Dropbox patents. The Northern District of California had granted a motion to dismiss on grounds that the claims in those patents were…
Read MoreSequenom’s More Specific Claims Survive
Monday | March 23, 2020By Shane Skwarek§ 101court rulingdiagnostic methodlitigationpatent draftingpatent eligibilitySequenomtips for inventorsThe U.S. Court of Appeals for the Federal Circuit took another look at Sequenom's techniques for detecting fetal blood cells in a maternal blood sample. In Illumina Inc. & Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 2019-1419, 2020 U.S. App.…
Read MoreCustomedia Techs. Patent for Storing Ads Invalidated
Saturday | March 14, 2020By Shane Skwarek35 U.S.C. § 101court rulingpatent applicationpatent eligibilityPatent Protectionpatentability searchsoftware patentsubject-matter eligibilityPatent claims to storing ad data based on user preferences locally at a user's video player were confirmed invalid in Customedia Techs., LLC v. Dish Network Corp., No. 2018-2239, 2020 U.S. App. LEXIS 7005 (Fed. Cir. March 6, 2020). To…
Read MoreFederal Circuit Holds Making Liners for Driveshafts Doesn’t Practically Apply Laws of Nature
Monday | October 7, 2019By Shane Skwarekcourt rulingfederal circuitpatent eligibilityThe trend in the U.S. for courts to invalidate growing numbers of patents, particularly software, business method, and medical diagnostic patents, as being directed to unpatentable abstract ideas, laws of nature, and natural phenomena has found its way to mechanical…
Read MoreEarly Dismissal on § 101 Grounds Is Improper When Claims Need Construction
Tuesday | August 20, 2019By Shane Skwarekcourt rulingpatent infringementThe U.S. Court of Appeals for the Federal Circuit ruled in MyMail v. ooVoo, No. 2018-1758, 2019 U.S. App. LEXIS 24430 (Fed. Cir. Aug. 15, 2019), that a court must adopt a non-moving party's claim constructions or otherwise resolve claim construction…
Read MoreComputer-Centric Details Critical to Success in Uniloc Decision
Monday | June 3, 2019By Shane Skwarekcourt rulingpatent claimspatent infringementThe U.S. Court of Appeals for the Federal Circuit confirmed the invalidation of claims in two patents, and reversed the district court’s finding that two other patents in the same family were invalid for lack of subject-matter ineligibility, in Uniloc…
Read MoreWin Some, Lose Some
Saturday | May 4, 2019By Shane Skwarekcourt rulingpatent claimspatent infringementIn February of 2019, the U.S. Court of Appeals for the Federal Circuit issued a nonprecedential opinion finding that claims involving an improvement to a GUI for software that enabled traders to place orders at a particular price level (not…
Read MoreIs Everyone Skeptical of the U.S. Patent Office’s New Guidelines?
Wednesday | April 10, 2019By Shane Skwarekcourt rulingpatent claimspatent infringementThe U.S. Court of Appeals for the Federal Circuit recently cast doubt on the 2019 Updated Guidelines on Subject-Matter Eligibility issued by the U.S. Patent and Trademark Office. In Fed. Circuit Cleveland Clinic Found. v. True Health Diagnostics LLC, No.…
Read MoreFederal Circuit Finds Method of Treatment Claims Patent-Eligible in Natural Alternatives
Tuesday | March 26, 2019By Shane Skwarekcourt rulingpatent claimspatent eligibilityIn Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC, No. 2018-1295, 2019 U.S. App. LEXIS 7647 (Fed. Cir. Mar 15, 20190, the U.S. Court of Appeals for the Federal Circuit found claims to administering a dosage of beta-alanine to a…
Read MoreTop 5 Reasons for Outsourcing Legal Services
Friday | March 8, 2019By Shane Skwarekcourt rulingpatent claimspatent infringementThe best in-house legal counsel does not just outsource legal work for cheaper foreign labor. They also outsource legal work for expert work done domestically. This transfer of work is called legal process outsourcing. The most recent trend in this space…
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