Patent Law Weblog
recent posts
- Meanwhile, Back at the PTAB with CRISPR
- Judge Newman Seeks Recourse from Supreme Court
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
about
Category: Patentable Subject Matter
-
By Joseph Herndon — Life Technologies Corp. filed a petition requesting covered business method (CBM) patent review of a number of claims of U.S. Patent No. 6,996,538. The PTAB determined that the claims are unpatentable under 35 U.S.C. § 101 as being directed to non-statutory subject matter. Ultimately, the PTAB found that the claims were…
-
Claims of Another "Loan Application" Patent Invalidated under Section 101 By Joseph Herndon — In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This case is eerily similar both in…
-
By Michael Borella — Douglas M. Shortridge, the named inventor of U.S. Patent No. 8,744,933, sued Foundation Construction Payroll Service, LLC ("Foundation") for infringement thereof in the U.S. District Court for the Northern District of California. Foundation filed a Rule 12(c) motion to dismiss on the pleadings, alleging that the claims of the '933 patent…
-
Business Method Patent Not Invalid under 35 U.S.C. § 101 By Joseph Herndon — HP Inc. and SAP America, Inc. filed a Petition seeking a covered business method (CBM) patent review of claims 15 and 20–34 of U.S. Patent No. 6,343,275 owned by Big Baboon, Inc. The PTAB, however, determined that the Petitioner failed to…
-
By Kevin E. Noonan — On May 4th the U.S. Patent and Trademark Office issued its latest Guidance on how Examiners are to apply recent U.S. Supreme Court and Federal Circuit precedent related to subject matter eligibility (see "USPTO Issues Update to Subject Matter Eligibility Guidance"). Absent from this analysis was the Federal Circuit's decision…
-
By Michael Borella — Every day, millions of people are subjected to a frustrating experience — finding a place to park their automobiles. Whether at the train station, the sports stadium, a festival, or a popular restaurant, circulating through parking lots is not an enjoyable way to spend either your work day or leisure time. …
-
By Kevin E. Noonan — As we have had the occasion to say before regarding subject matter eligibility, "[o]ne swallow does not a summer make, nor one fine day . . . ," but the Federal Circuit may have engendered a glimmer of hope that it will once again take up its mantle of patent…
-
Mathematical Algorithm Found to be Unpatentable By Joseph Herndon — On June 21, 2016, the U.S. District Court for the Central District of California issued an order granting a motion to dismiss pursuant to Rule 12(b)(6) for lack of patentable subject matter under 35 U.S.C. § 101. Defendants NVIDIA Corp., Autodesk, Inc., and Pixar filed…
-
Federal Circuit Concurrence — Decide Patentability with Patent-Eligibility By Joseph Herndon — The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S. District Court for the Northern District of Texas held that…
-
The Supreme Court issued an order this morning denying certiorari in Sequenom, Inc. v. Ariosa Diagnostics, Inc. Patent Docs will provide more analysis of the Court's denial of certiorari in a subsequent post.
Patent Docs 