Category: Patentable Subject Matter

  • District Court Reconsiders Award of Attorneys' Fees in View of Notice of Allowance for Continuation Application and Unsettled Legal Landscape Regarding § 101 By Donald Zuhn — Earlier this month, in Garfum.com Corp. v. Reflections by Ruth d/b/a Bytephoto.com, Chief Judge Jerome B. Simandle of the U.S. District Court for the District of New Jersey…

  • Patent Directed to Programmable Ticketing System Determined to be Eligible for Covered Business Method Patent Review By Joseph Herndon — Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business method patent review of all claims of U.S. Patent No. 7,765,128, owned by Smart Destinations, Inc.  The Board, applying the standard…

  • By Michael Borella — Plaintiff Verint asserted six patents against Red Box (U.S. Patent Nos. 7,774,854, 5,790,798, 6,510,220, RE43,324, RE43,386, and 8,189,763) in the District Court for the Southern District of New York.  Red Box rebutted, asserting that all claims were invalid under 35 U.S.C. § 101 due to being directed to patent-ineligible abstract ideas. The…

  • Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter By Joseph Herndon — The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three Covered Business Method (CBM) reviews between Apple, Inc. et. al v. Ameranth, Inc.  The decisions addressed the subject…

  • By Michael Borella — Amdocs sued Openet in the Eastern District of Virginia, alleging infringement of U.S. Patent Nos. 7,631,065, 7,412,510, 6,947,984, and 6,836,797.  Openet moved for judgment on the pleadings on the grounds that all four patents were invalid under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter.  The District Court granted…

  • By Nicholas Vincent* and Anthony D. Sabatelli** — On November 2, 2016, the United States Patent and Trademark Office (USPTO) issued an important and forward-looking memo on Recent Subject Matter Eligibility Decisions for patent applications that offered guidance for drafting claims that may have previously been rendered ineligible under the two-step Alice test for determining…

  • Federal Circuit Finds Another Software Patent Invalid under Section 101 By Joseph Herndon — The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United States) Inc. Tranxition sued Lenovo asserting claims of U.S. Patent Nos. 6,728,877 and 7,346,766.  Shortly thereafter, Tranxition also…

  • Message Exchange Patent Held Invalid under Section 101 By Joseph Herndon — Mobile Telecommunications Technologies, LLC ("MTel") sued United Parcel Service, Inc. ("UPS") in the U.S. District Court for the Northern District of Georgia for infringement of U.S. Patent No. 5,786,748.  After several years of litigation, UPS filed a Motion for Judgment on the Pleadings, arguing…

  • By Joseph Herndon — Plaintiff CG Technology Development, LLC sued Defendants Bwin.Party Digital Entertainment, PLC in the U.S. District Court for the District of Nevada for infringement of various patents via operation of various online casino games.  Bwin filed a motion to dismiss infringement as to U.S. Patents 8,771,058; 8,814,664; 9,355,518; and 9,306,952 based on…

  • By Donald Zuhn –- In a notice published in the Federal Register (81 Fed. Reg. 71485) last month, the U.S. Patent and Trademark Office announced that it will be holding two roundtables in order to obtain public input on patent subject matter eligibility in view of recent decisions by the Supreme Court and Federal Circuit. …