Category: subject-matter eligibility
Automating Animation: Patentable; Automating Captions: Hold On
Monday | March 15, 2021By Shane Skwarek§ 101, software patent, subject-matter eligibilityThe 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 affirmed…
Read MoreCustomedia Techs. Patent for Storing Ads Invalidated
Saturday | March 14, 2020By Shane Skwarek35 U.S.C. § 101, court ruling, patent application, patent eligibility, Patent Protection, patentability search, software patent, subject-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 MoreSoftware Patent Claims Saved by Problem-Solution Approach
Monday | November 18, 2019By Shane Skwarek§ 101, patent claim, patent eligibility, software patent, subject-matter eligibilityThe 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…
Read MoreNew Federal Circuit Opinion May Limit Impact of Berkheimer Decision
Monday | August 20, 2018By Shane Skwarekfederal circuit, intellectual property, patent application, subject-matter eligibilityIn 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 information were…
Read MoreSubject-Matter Eligibility at the CAFC and PTAB: Q1 2018
Monday | May 7, 2018By Shane Skwarekpatent application, patent claims, patent eligibility, subject-matter eligibilityAs part of my ongoing research into subject-matter eligibility, I have been monitoring the decisions issued by the U.S. Court of Appeals for the Federal Circuit and the Board of Patent Trials and Appeals of the U.S. Patent Office. Over…
Read MoreWatch Out for Claim Preambles in Light of Federal Circuit Decision
Thursday | November 2, 2017By James Watsonfederal circuit, patent attorney, patent claim, subject-matter eligibilityOn 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 U.S.…
Read MoreTechnical 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 eligibilityIn 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.…
Read MoreTechnical 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 eligibilityIn 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.…
Read MoreFederal Circuit Raises the Bar for Motions to Dismiss on § 101 Grounds
Thursday | August 17, 2017By James Watsoncourt case, patent infringement, subject-matter eligibilityThe Court of Appeals for the Federal Circuit reversed the grant of a motion to dismiss on subject-matter ineligibility grounds in Visual Memory v. Nvidia Corp. , No. 2016-2254, 2017 U.S. App. LEXIS 15187 (Fed. Cir. Aug 15, 2017). The patent claims…
Read MoreFederal Circuit Raises the Bar for Motions to Dismiss on § 101 Grounds
Thursday | August 17, 2017By Shane Skwarekcourt case, patent infringement, subject-matter eligibilityThe Court of Appeals for the Federal Circuit reversed the grant of a motion to dismiss on subject-matter ineligibility grounds in Visual Memory v. Nvidia Corp. , No. 2016-2254, 2017 U.S. App. LEXIS 15187 (Fed. Cir. Aug 15, 2017). The patent claims…
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