Category: Patentable Subject Matter

  • Method for Manufacturing Product (Dental Crown) Found to be Patent Eligible By Joseph Herndon — Zircore sued Straumann Manufacturing for patent infringement in the U.S. District Court for the Eastern District of Texas (Marshall Division) of three patents including U.S. Patent No. 7,967,606.  Straumann moved to dismiss Zircore's allegations with respect to the '606 patent…

  • File-Searching Software Patent Found to be Patent Eligible By Joseph Herndon — Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California.  Amazon filed a motion to dismiss alleging that the '360 patent was invalid under 35 U.S.C. § 101 for lack…

  • Computer-Related Data Security Patents Found to Recite Patent Eligible Subject Matter By Joseph Herndon — Spex sued Apricorn for infringing U.S. Patent Nos. 6,088,802 and 6,003,135 in the U.S. District Court for the Central District of California.  Apricorn moved to dismiss the complaint due to the patents at issue being directed to abstract ideas under…

  • By Michael Borella — As discussed in a previous article, the U.S. Patent and Trademark Office recently published new subject matter eligibility examples directed to the abstract idea exception to patentability under 35 U.S.C. § 101.  These "December 2016 examples" each involve a so-called business method.  Business methods have, in general, been looked down upon by…

  • By Michael Borella — About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability.  These are the latest in a series of examples provided by the USPTO to its examining corps, the series including previous examples…

  • By Kevin E. Noonan — A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37 C.F.R. § 41.50(b)) that claims to a magnetic resonance imaging machine…

  • By Michael Borella — The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter.  One must first determine whether the claim at hand is directed to a judicially-excluded law of nature, a natural phenomenon, or an…

  • By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories.  For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…

  • By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories.  For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…

  • By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories.  For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…