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Category: Patentable Subject Matter
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PTAB Affirms Patent Eligibility of Virtual Reality Advertising Claims By James Korenchan — In a decision issued last month, the Patent Trial and Appeal Board reversed the final rejection of all the pending claims in U.S. Application No. 12/628,383. The claims at issue are directed to evaluating an effectiveness of an advertisement in a virtual…
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By Michael Borella — In early February, the Federal Circuit published an opinion in HP Inc. v. Berkheimer stating clearly –- for the first time — that patent-eligibility under 35 U.S.C. § 101 should be determined as a matter of law, but with possible underlying factual issues. While supported in principle by Supreme Court and previous…
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Virtual Reality Patents Survive Patent-Eligibility Challenge By James Korenchan — Last week, Judge Seeborg of the U.S. District Court for the Northern District of California ruled that claims related to virtual reality applications are patent eligible under 35 U.S.C. § 101. Plaintiff Electronic Scripting Products, Inc. (ESPI) accused HTC American, Inc. (HTC) of direct and…
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By Michael Borella — Intellectual Ventures (IV) sued Symantec in the District of Delaware, alleging infringement of U.S. Patent No. 5,537,533. The District Court invalidated the '533 patent on a summary judgment motion as being directed to patent-ineligible subject matter. IV appealed. Claim 25 of the '533 patent recites: 25. A method for remote mirroring of…
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By Michael Borella — In Franz Kafka's novel The Trial, a man is accused of a non-specified crime by a shadowy governmental agency. The man repeatedly attempts to understand the nature of his alleged wrongdoing and his accusers. Ultimately, he is executed without these questions being answered. Under current Supreme Court and Federal Circuit rulings (Alice…
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Video Doorbell Patent Found to Be Patent Eligible By Joseph Herndon — Plaintiff Eyetalk365, LLC sued Defendant Zmodo Technology Corp. for infringement of U.S. Patent No. 9,432,638, entitled "Communication and Monitoring System," which issued on August 30, 2016. Zmodo moved to dismiss for failure to state a claim under 35 U.S.C. § 101. The patent…
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District Court Throws Out Haptic Feedback Claims on Grounds of Patent Ineligible Subject Matter By James Korenchan — Last week, Judge Koh of the U.S. District Court for the Northern District of California deemed claims relating to transmission of haptic messages to be directed to an abstract idea and therefore invalid under 35 U.S.C. §…
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By Kevin E. Noonan — The tortured path that the Federal Circuit has taken (a path also trodden by the U.S. Patent and Trademark Office and the district courts) of applying the patent eligibility decisions under Mayo Collaborative Services v. Prometheus Laboratories, Inc. and Alice Corp. v. CLS Bank Int'l. is illustrated in a 2-1…
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Claims Directed to Attenuating Driveline Vibrations Fall Victim to Law of Nature Challenge By James Korenchan — In a striking recent decision from the U.S. District Court for the District of Delaware, claims of a vibration attenuation patent were deemed patent ineligible as being directed to laws of nature under 35 U.S.C. § 101 —…
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By Kevin E. Noonan – Motivation is an important factor in any policy-based decision. Understanding motivation — whether considering legislation, programs by administrative agencies, or judicial decisions — can go a long way towards creating strategies to support or counteract a policymaker's activities. The Supreme Court is not supposed to be a policy-making institution, but to…
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