federal circuit Archives

Federal Circuit Holds Making Liners for Driveshafts Doesn’t Practically Apply Laws of Nature

The 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…

New Federal Circuit Opinion May Limit Impact of Berkheimer Decision

In BSG Tech LLC v. Buyseasons, Inc., No. 2017-1980, 2018 U.S. App. LEXIS 22704 (Fed. Cir. Aug. 15, 2018), the U.S. Court of Appeals for the Federal Circuit confirmed that claims to indexing a database according to relative historical usage…

Federal Circuit Pushes Back Against Premature Grant of § 101 Motions

In 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…

Core Wireless Licensing’s GUI Claims Found Patent-Eligible by the Federal Circuit

The 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.…

The Federal Circuit Finds Finjan’s Behavior-Based Virus Scanning Patent-Eligible

Finjan 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…

Fed. Cir. Affirms Award of Attorney’s Fees, Finding Claims to Remote Ordering Clearly Ineligible for Patenting

The 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…

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

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.…

Watch Out for Claim Preambles in Light of Federal Circuit Decision

On 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…

Divided Fed. Cir. Panel Holds Government Has Standing for CBM Review

In 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…

EasyWeb’s Claims to Automation of Sender Identity and Format Conversion for Electronic Messages Found Invalid

Before the case arrived at the U.S. Court of Appeals for the Federal Circuit, Twitter secured summary judgment on grounds that the subject matter of the asserted claims was ineligible for patenting under 35 U.S.C. § 101. The District Court…

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