Category: patent eligibility

Fed. 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 eligibility

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 v.…

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Fed. 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 eligibility

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 v.…

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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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PTAB Looks to Specification for Patent-Eligibility

Wednesday | August 23, 2017By James Watsoncourt ruling, patent application, patent attorney, patent eligibility

During the past week, the Patent Trial and Appeal Board issued opinions in response to two requests for rehearing that shed light on how it decides questions of subject-matter eligibility under 35 U.S.C. § 101. In Ex parte Dickson et al.,…

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PTAB Looks to Specification for Patent-Eligibility

Wednesday | August 23, 2017By Shane Skwarekcourt ruling, patent application, patent attorney, patent eligibility

During the past week, the Patent Trial and Appeal Board issued opinions in response to two requests for rehearing that shed light on how it decides questions of subject-matter eligibility under 35 U.S.C. § 101. In Ex parte Dickson et al.,…

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

Thursday | May 18, 2017By James Watsoncourt ruling, federal circuit, intellectual property, patent attorney, patent eligibility

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

Thursday | May 18, 2017By Shane Skwarekcourt ruling, federal circuit, intellectual property, patent attorney, patent eligibility

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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