Patent Law Weblog
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- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
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Category: Patentable Subject Matter
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Message Publishing Patents Found Invalid under 35 U.S.C. § 101 By Joseph Herndon — In a recent decision by the U.S. Court of Appeals for the Federal Circuit, the Court held all asserted claims of five U.S. patents to be invalid under 35 U.S.C. § 101 because the claims recite patent-ineligible subject matter. EasyWeb sued…
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By Kevin E. Noonan — Like the Intellectual Property Owners (see "What to Do about Section 101? IPO Provides Its Answer") and the IP Law Section of the American Bar Association (see "ABA IP Law Section Sends Section 101 Revision Proposal to USPTO Director Lee") have done earlier this year, the American Intellectual Property Lawyers…
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Method for Processing Images from 3D Camera System Found Invalid under 35 U.S.C. § 101 By Joseph Herndon — It is well-known law today that under 35 U.S.C. § 101, a patent claim that recites a solution to a problem but not the means of achieving it is likely not drawn to patent-eligible subject matter. …
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By Paul Cole* — Study of the background to Recognicorp, LLC v. Nintendo Co. (Fed. Cir. 2017), the subject of Michael Borella's earlier posting, reveals basis for his concerns about lack of analysis of the detailed disclosure of the specification and inattention to the detailed subject matter which was actually claimed. A reader of Judge…
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By Michael Borella — Recognicorp, owner of U.S. Patent No. 8,005,303, sued Nintendo for infringement in the U.S. District Court for the District of Oregon. After a transfer to the U.S. District Court for the Western District of Washington and reexamination proceedings in the U.S. Patent and Trademark Office, Nintendo moved for judgment on the pleadings. …
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Patent Directed to System for Remote Mirroring of Digital Data Found Invalid under Section 101 By Joseph Herndon — Intellectual Ventures brought a patent-infringement suit against Symantec Corpo. and Veritas Technologies asserting that Symantec's VVR product infringes claims 25 and 33 of U.S. Patent No. 5,537,533. Among other motions decided here, the District Court granted…
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Federal Circuit Finds Motion Tracking System to be Patent-Eligible By Michael Borella — After the dark days of 2014 and 2015, in which exactly one Federal Circuit decision out of over twenty 35 U.S.C. § 101 challenges was found to meet the requirements of that part of the statute, we have seen clouds disperse to some…
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Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible By Joseph Herndon — In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a Jawbone) for infringement of U.S. Patent Nos. 9,026,053; 9,106,307; and 9,048,923. Jawbone filed a motion for judgment on the pleadings…
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By Nicholas Vincent* and Anthony D. Sabatelli** — Research into the human microbiome has resulted in such unprecedented amounts of data that challenges related to both interpretation and management have emerged. Somewhat paradoxically, current statistical methods have made it such that it is more difficult and less likely to identify statistically significant results from large…
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Business Method / Software Patent Invalidated for Claiming Ineligible Subject Matter By Joseph Herndon — In the U.S. District Court for the Eastern District of Texas, Integrated Technological Systems, Inc. (ITS) sued First Internet Bank of Indiana (FIB) of infringing four patents, U.S. Patent Nos. 7,912,786; 8,131,643; 8,321,347; and 8,620,809. FIB moved to dismiss the…
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