Patent Law Weblog
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- Meanwhile, Back at the PTAB with CRISPR – Update
- 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
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Category: Patentable Subject Matter
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By Coalition for 21st Century Medicine* — The collective experience of the Members of the Coalition for 21st Century Medicine in trying to obtain much needed patent protection for their novel, life-saving technologies has led to one inescapable conclusion: It is critical to the future of precision medicine that the Supreme Court review the Federal…
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After Multiple CBM Petitions, Motorola Invalidates Software Patent By Joseph Herndon — On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Motorola Mobility, LLC and Intellectual Ventures I, LLC, in which challenged claims were found to be unpatentable…
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By Michael Borella — Plaintiff Peschke Map Technologies ("Peschke") sued Rouse Properties ("Rouse") for infringement of U.S. Patent No. 6,397,143, directed to a computer-based map navigation and display system. Rouse filed a 12(b)(6) motion to dismiss on the pleadings, alleging that the '143 patent is invalid because it claims an ineligible abstract idea. In a…
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By Kevin E. Noonan — Sequenom filed its anticipated petition for certiorari today for Supreme Court review of the Federal Circuit's decision in Ariosa v. Sequenom. The petition advises the Court that it "should take this opportunity to provide the guidance the Federal Circuit is openly seeking, and avoid a result neither it nor Congress…
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PTAB Ignores District Court Claim Construction, Finds Patent Invalid By Joseph Herndon — On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Mitchell International, Inc. and Audatex North America, Inc. in which all challenged claims were found to…
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Typical "Business Method Patent" Struck Down by PTAB using CBM Review By Joseph Herndon — On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between E-Loan, Inc. and IMX, Inc. in which all challenged claims were found to be…
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By Joseph Herndon — The test for what is patentable subject matter under 35 U.S.C. § 101 in the United States has become quite difficult to understand. In Alice Corp. v. CLS Bank, the Supreme Court provided a two-step test for distinguishing patents that claim patent ineligible laws of nature, natural phenomena, and abstract ideas…
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Producing "digital labels" is Patent Eligible under § 101 By Joseph Herndon — On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream Group, Inc. (Case No. 2:14-cv-906-JRG-RSP). The patent friendly Eastern District Court in Texas denied a Motion…
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Coupon Patent Easily Found Invalid under § 101 By Joseph Herndon — On January 12, 2016, the District Court for the District of Delaware issued an opinion in a case captioned Motivation Innovations, LLC v. Petsmart, Inc. Plaintiff, Motivation Innovations, LLC, filed a patent infringement action against defendant Petsmart Inc. alleging infringement of U.S. Patent…
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Business Method Patent Survives PTAB Review By Joseph Herndon — On January 22, 2016, the U.S. Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a covered business method (CBM) patent review in a case captioned NRT Technology Corp. and NRT Technologies, Inc. (Petitioner) v. Everi Payments, Inc. (Patent Owner) (Case CBM2015-00167;…
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