Patent Law Weblog
Category: Patentable Subject Matter
-
Claims for Monitoring and Analyzing Suspicious Network Activity Found Patent Eligible By James Korenchan — In a precedential decision issued last week, the Federal Circuit affirmed the U.S. District Court for the District of Delaware's ruling that Plaintiff SRI International, Inc.'s ("SRI") claims related to network security are patent eligible. Years ago, SRI sued Defendant…
-
Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter By Joseph Herndon — In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its decision in Ex Parte Smith as an informative decision for its application of the revised guidance on the…
-
By Donald Zuhn — Last week, in Natural Alternatives International, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed and remanded a decision by the U.S. District Court for the Southern District of California granting a motion for judgment on the pleadings filed by Creative Compounds, LLC that the asserted claims of U.S. Patent Nos.…
-
Claims for Dynamically Rating Internet Content Deemed Patent-Ineligible By James Korenchan — In a suit by Plaintiff Symantec Corp. ("Symantec") against Defendant Zscaler, Inc. ("Zscaler"), Symantec alleged that Zscaler's cloud-based security products infringe seven of Symantec's patents. Zscaler moved to dismiss infringement claims for four of the patents, U.S. Patent Nos. 6,285,658 (the '658 patent),…
-
By Donald Zuhn — Last month, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon granted a motion for summary judgment filed by Plaintiff Ni-Q, LLC that the asserted claims of U.S. Patent No. 8,628,921, which is assigned to Defendant Prolacta Bioscience,…
-
By Kevin E. Noonan — Legal creativity in argument is the lifeblood of the litigator's craft, and nowhere more than in patent litigation in view of the complexities of the law applied to technological fact. But occasionally creative arguments can be a bridge too far, which was the case regarding a claim of sovereign immunity…
-
Web Page Creation Patents Found to Be Directed to Patent Eligible Subject Matter By Joseph Herndon — Two related patent cases Express Mobile, Inc. v. Code and Theory LLC and Express Mobile, Inc. v. Pantheon Systems Inc. within the U.S. District Court for the Northern District of California each involve allegations that the various Defendants…
-
By Donald Zuhn –- Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, the Federal Circuit affirmed the decision by the District Court for the District of Massachusetts, holding claims 6-9 of U.S. Patent No. 7,267,820 invalid under 35 U.S.C. § 101. The Federal Circuit also affirmed the District Court's dismissal under Fed.…
-
By Michael Borella — On January 7, 2019, the U.S. Patent and Trademark Office published updated examination guidance, instructing the examining corps and the PTAB how they should apply 35 U.S.C. § 101. On the same day, the USPTO also published the latest in its series of examples of how this application of the §…
-
PTAB Affirms Patent Eligibility of Claims for Playing Dice Game By James Korenchan — In a decision issued last month, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final rejection of all pending claims in U.S. Application No. 14/207,507. Claims 2-7 were rejected under 35 U.S.C. § 101…
Patent Docs 