Category: patent eligibility
Software Can Be Patent-Eligible, But the Eligibility Threshold Remains Unclear
Monday | May 16, 2016By Shane Skwarekpatent claim, patent eligibilityFor the second time since the Supreme Court issued its decision regarding patentable subject matter in Alice, the Federal Circuit has found a software invention executable on generic computer hardware to be patent-eligible subject matter. Enfish had sued Microsoft for…
Read MoreWhen Can Conventional Portions of a Patent Claim Be Ignored?
Tuesday | May 3, 2016By James Watsonfederal circuit, patent claim, patent eligibility, subject-matter eligibilityOn April 22, 2016, the U.S. Court of Appeals for the Federal Circuit continued its post-Alice pattern of upholding claim rejections on subject-matter ineligibility grounds under 35 U.S.C. § 101. In In re Brown, No. 2015-1852, 2016 U.S. App. LEXIS…
Read MoreWhen Can Conventional Portions of a Patent Claim Be Ignored?
Tuesday | May 3, 2016By Shane Skwarekfederal circuit, patent claim, patent eligibility, subject-matter eligibilityOn April 22, 2016, the U.S. Court of Appeals for the Federal Circuit continued its post-Alice pattern of upholding claim rejections on subject-matter ineligibility grounds under 35 U.S.C. § 101. In In re Brown, No. 2015-1852, 2016 U.S. App. LEXIS…
Read MoreHow Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility
Monday | March 14, 2016By James Watsoncourt ruling, patent claim, patent eligibilityThe Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…
Read MoreHow Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility
Monday | March 14, 2016By Shane Skwarekcourt ruling, patent claim, patent eligibilityThe Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…
Read MoreWhat Exactly is Abstract and When Does a Claim Present “Something More?”
Monday | February 29, 2016By James Watsoncourt ruling, patent attorney, patent claim, patent eligibilityOn February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…
Read MoreWhat Exactly is Abstract and When Does a Claim Present “Something More?”
Monday | February 29, 2016By Shane Skwarekcourt ruling, patent attorney, patent claim, patent eligibilityOn February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…
Read MorePatent Trial and Appeal Board Newly Designates Decisions as Precedential
Tuesday | January 26, 2016By James Watsoncourt ruling, patent eligibilityThe Patent Trial and Appeal Board of the U.S. Patent Office has newly designated its opinion in LG Elecs., Inc. v. Mondis Tech. LTD., No. IPR2015-00937, 2015 Pat. App. LEXIS 10261 (P.T.A.B. Sept. 15, 2015) as precedential. Mondis had asserted…
Read MoreCan Better Drafting Save Your Claim?
Monday | January 4, 2016By James Watsonpatent application, patent claim, patent eligibilityThe Federal Circuit affirmed the district court’s invalidation of a patent’s claims in Vehicle Intelligence & Safety LLC v. Mercedes-Benz U.S., .No. 2015-1411, 2015 U.S. App. LEXIS 22681 (Fed. Cir. Dec. 28, 2015). The claims at issue were directed to…
Read MoreCan Better Drafting Save Your Claim?
Monday | January 4, 2016By Shane Skwarekpatent application, patent claim, patent eligibilityThe Federal Circuit affirmed the district court’s invalidation of a patent’s claims in Vehicle Intelligence & Safety LLC v. Mercedes-Benz U.S., .No. 2015-1411, 2015 U.S. App. LEXIS 22681 (Fed. Cir. Dec. 28, 2015). The claims at issue were directed to…
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