Category: subject-matter eligibility
Solo Inventor’s Claims to Methods of Rendering 3D Graphics Invalidated as Abstract Idea
Thursday | March 16, 2017By James Watsonfederal circuit, patent claim, software patent, subject-matter eligibilityOn March 15, 2017, the U.S. Court of Appeals for the Federal Circuit concluded that the software patent claims before it were invalid because the claimed subject matter fell within one of the judicially created exceptions to 35 U.S.C. §…
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 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 Are Your Method Claims at Risk of Challenge Under Covered Business Method Patent Review?
Tuesday | March 8, 2016By James Watsonfederal circuit, patent claim, subject-matter eligibilityThe Court of Appeals for the Federal Circuit issued a decision in Blue Calypso, LLC v. Groupon, Inc., Nos. 2015-1391 et al., 2016 U.S. App. LEXIS 3728 (Fed. Cir. March 1, 2016), which involved an appeal from final decisions resulting…
Read MoreWhen Are Your Method Claims at Risk of Challenge Under Covered Business Method Patent Review?
Tuesday | March 8, 2016By Shane Skwarekfederal circuit, patent claim, subject-matter eligibilityThe Court of Appeals for the Federal Circuit issued a decision in Blue Calypso, LLC v. Groupon, Inc., Nos. 2015-1391 et al., 2016 U.S. App. LEXIS 3728 (Fed. Cir. March 1, 2016), which involved an appeal from final decisions resulting…
Read MoreSubject-Matter Eligibility May Depend on Decision-Maker’s Willingness to Consider Details
Friday | December 4, 2015By Shane Skwarekcourt ruling, patent eligibility, patent infringement, subject-matter eligibilityOn November 10, 2015, the Central District of California denied a motion for summary judgment in the patent infringement suit underlying Timeplay, Inc. v. Audience Entertainment LLC, Case No. CV 15-05202. The patent’s claims are directed generally to a multiplayer…
Read MoreThe Ongoing Mysteries of 35 USC 101
Thursday | September 24, 2015By Shane Skwarekfederal circuit, patent eligibility, subject-matter eligibilityThe law on subject-matter eligibility for patents continues to evolve as the U.S. Patent Office and the courts wrestle with the results of recent Supreme Court and Federal Circuit opinions. On September 2, 2015, the Patent Trial and Appeal Board…
Read More