software patent Archives

Yu and the Case of Shifting Tests for Patents

The U.S. Court of Appeals for the Federal Circuit affirmed the invalidation of Yu et al.’s patent on a motion to dismiss in Yanbin Yu v. Apple Inc., No. 2020-1760, 2021 U.S. App. LEXIS 17434 (Fed. Cir. June 11, 2021).…

Automating Animation: Patentable; Automating Captions: Hold On

The U.S. Court of Appeals for the Federal Circuit has issued a decision affirming that patent claims to automating the process of making closed captions for audio-visual media are ineligible for patent protection. In Enco Sys. v. Davincia, the Court…

Federal Circuit’s Dropbox Decision: Missing the Forest for the Trees?

On 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…

Customedia Techs. Patent for Storing Ads Invalidated

Patent 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…

Software Patent Claims Saved by Problem-Solution Approach

The U.S. Court of Appeals for the Federal Circuit reversed a lower court’s decision that software patent claims involving techniques for varying check data to verify data transmissions were ineligible for patent protection in KPN v. Gemalto, No. 2018-1863, 2019…

U.S. Patent Office Issues Updated Patent Eligibility Guidance

The U.S. Patent Office has issued a supplement to the Patent Eligibility Guidance it released in early 2019. The supplement includes four new examples showing an initial, broad claim that the Office considers to be ineligible for patent protection. The…

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…

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.…

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

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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